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filed timely. As discussed in detail below, we shall grant
respondent's motion.
Background
In a notice of deficiency dated October 26, 1999, and sent
by certified mail on that day, respondent determined a deficiency
of $1,403 in petitioners' Federal income tax for the taxable year
1997. There is no dispute that respondent mailed the notice to
petitioners' last known address. Petitioners resided in
Columbus, North Dakota, at the time they filed their petition in
this case. The petition, signed by petitioners' attorney,
Sheldon A. Smith (Mr. Smith), is dated January 24, 2000.
The envelope in which the petition was mailed bears a
private-meter stamp date that reads "Bismark N. Dak. Jan 24 '00".
Affixed to the envelope are a certified mail receipt sticker (No.
Z 354 628 323) and the anchors for the so-called certified mail
green card used to confirm receipt. Neither the envelope nor the
certified mail receipt sticker bears any U.S. Postal Service
postmark. An employee of the Tax Court signed the green card on
February 8, 2000, and it was returned to petitioners in due
course by the U.S. Postal Service.
Petitioners attached the affidavits of two of Mr. Smith's
employees to their objection to respondent's motion. In the
first affidavit, Michelle Leary stated that she did not alter the
date on the private meter to falsify the date stamp, that the
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