- 6 - returned the September 3 envelope to Reynolds; (2) Reynolds removed the petition from the September 3 envelope and placed it in a new FedEx envelope (the September 16 envelope). Reynolds also enclosed affidavits from Brown and himself; and (3) Reynolds deposited the September 16 envelope with FedEx for delivery to the Tax Court. FedEx delivered the September 16 envelope to the Tax Court on September 17, 1999. Discussion The issue raised by respondent’s motion to dismiss is whether petitioner timely filed the petition. Resolution of this question depends on whether the envelope containing the petition was properly addressed within the meaning of section 7502(a)(2)(B). This is the first case in which we must decide whether a petition sent to the Court by a private delivery service under section 7502(f) was timely filed for purposes of section 7502(a)(2)(B). A. Timely Mailing Is Timely Filing To maintain an action in this Court, a taxpayer must file a timely petition. See sec. 6213. Failure to timely file prevents this Court from acquiring jurisdiction. See Estate of Cerrito v. Commissioner, 73 T.C. 896, 898 (1980); Stone v. Commissioner, 73 T.C. 617, 618 (1980). A petition is timely if it is filed with the Court within 90 days after the notice of deficiency is mailed. See sec. 6213(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011