- 3 - MAIL” sticker, bearing a certified mail number. The sender’s receipt has been removed at the perforation. Petitioner claims, however, not to have received a sender’s receipt. Discussion If the notice of deficiency was mailed to petitioner on December 29, 1998, as respondent contends, then the 90-day period prescribed by section 6213(a) for filing a petition with the Court expired on Monday, March 29, 1999, which was not a legal holiday in the District of Columbia. Respondent contends that the petition was not postmarked until March 30, 1999, and that therefore this Court lacks jurisdiction. See sec. 7502(a); Rule 13(a). In opposing respondent’s motion to dismiss for lack of jurisdiction, petitioner argues first that respondent has failed to prove that the notice of deficiency was mailed on or before December 29, 1998, and that therefore the petition was timely, even if postmarked March 30, 1999. From the evidence in the record, however, we are satisfied that respondent mailed the notice of deficiency to petitioner on December 29, 1998. The record includes a copy of the notice of deficiency, dated December 29, 1998, that was mailed to and received by petitioner, as well as a copy of U.S. Postal Service Form 3877 (Form 3877), which is postmarked December 29, 1998. The Form 3877 states along the top that “NOTICES OF DEFICIENCY FOR THE YEARS INDICATEDPage: Previous 1 2 3 4 5 6 7 8 9 Next
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