Donna J. Hendley - Page 9




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          may offer extrinsic evidence to rebut the date of a postmark                
          affixed to an envelope bearing a petition filed with the Court.             
          Indeed, in the course of its analysis, the Court of Appeals in              
          Anderson v. Commissioner, supra, acknowledged its earlier holding           
          in Shipley v. Commissioner, supra, that, in the absence of a                
          receipt for certified mail, the taxpayer was precluded under                
          section 7502 from introducing extrinsic evidence to prove that              
          the postmark date affixed to the envelope bearing a petition                
          filed with the Court was incorrect.                                         
               Although the circumstances leading to the late filed                   
          petition in this case are unfortunate, we note that the mailing             
          of the petition on the 90th day raised “the spectre of possible             
          timeliness problems” requiring a heightened degree of care in the           
          mailing process.  See Drake v. Commissioner, supra at 739.                  
          Moreover, although we lack jurisdiction in this case, petitioner            
          is not without a remedy.  In short, petitioner may pay the tax,             
          file a claim for refund with the Internal Revenue Service, and if           
          the claim is denied, sue for a refund in the Federal District               
          Court or the Court of Federal Claims.  See id. at 739; McCormick            
          v. Commissioner, 55 T.C. 138, 142 (1970).  Consistent with the              
          preceding discussion, we shall grant respondent's Motion to                 
          Dismiss for Lack of Jurisdiction.                                           









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