Donna J. Hendley - Page 2




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          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 store           





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