- 2 - Background On January 6, 2000, respondent mailed a notice of deficiency to Donna J. Hendley (petitioner) determining a deficiency of $49,053 in her Federal income tax for 1995. There is no dispute that respondent mailed the notice to petitioner at her last known address. On April 7, 2000, the Court received and filed a petition submitted on petitioner’s behalf by her counsel, Jeffrey G. Williams (Mr. Williams). The petition is dated April 5, 2000. The petition arrived at the Court in an envelope bearing sufficient postage, a priority mail sticker, and multiple U.S. Postal Service postmarks all dated April 6, 2000. The legend around the perimeter of the postmarks states: “USPS MESA AZ. STA. NO. 10". At the time that the petition was filed, petitioner resided in Flagstaff, Arizona. 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 in section 6213(a). Petitioner filed an objection to respondent's motion to dismiss, accompanied by an affidavit executed by Mr. Williams, asserting that the petition was timely mailed to the Court on April 5, 2000. Mr. Williams’ affidavit states in pertinent part that on April 5, 2000, at approximately 4:30 p.m., he delivered the petition to a so-called contract postal unit maintained at a small retail storePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011