- 4 - meter postmark date on the envelope containing the petition is October 25, 1996, the date that the petition was signed. As indicated, on December 23, 1996, respondent filed a Motion to Dismiss for Lack of Jurisdiction on the ground that the petition was not filed within the 90-day period prescribed by section 6213(a) or section 7502. Attached to respondent's motion is a copy of Postal Service Form 3877, which shows that duplicate notices of deficiency were mailed to petitioner on July 26, 1996. On January 10, 1997, petitioner filed a reply to respondent's motion asserting that the Commissioner bears the burden of proving the date that a notice of deficiency is mailed. Petitioner's reply further states: When Petitioner actually received the notice the prison was in a complete shut-down. Circumstances that Petitioner could not control. As soon as possible, Petitioner retained a lawyer for the purpose of formulating a petition. The lawyer [formulated] the petition and mailed it to the Petitioner for approval and signature. Again, the mail was not delivered timely and a lot of time was wasted, waiting on the prison personnel. After reading the petition and signing it, there was more delays in getting the petition out of the prison and into the main stream of postal items. Respondent's motion was called for hearing in Washington, D.C., on February 26, 1997. Counsel for respondent appeared at the hearing and presented argument in support of respondent's motion. Petitioner filed a Rule 50(c) statement with the Court contesting the merits of respondent's determination.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011