David and Caryn Peterson - Page 3




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          envelope containing petitioners' petition was put through the               
          private meter, and that she instructed Laura Pfeifer (Ms.                   
          Pfeifer), a file clerk, to put the envelope in the mail.  In the            
          second affidavit, Ms. Pfeifer stated that she delivered the                 
          envelope to a U.S. Postal Service drop box in Bismark, North                
          Dakota (Bismark), sometime after the post office was closed and             
          before the time of the last mail pickup on the evening of January           
          24, 2000.                                                                   
          Discussion                                                                  
               Respondent contends that this case should be dismissed as              
          the petition was not filed within the time prescribed by section            
          6213(a) and section 7502 and the regulations thereunder.1                   
               The Court's jurisdiction to redetermine a deficiency depends           
          upon the issuance of a valid notice of deficiency and a timely              
          filed petition.  See Rule 13(a), (c); Monge v. Commissioner, 93             
          T.C. 22, 27 (1989); Abeles v. Commissioner, 91 T.C. 1019, 1025              
          (1988); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988).              
               The petition for redetermination of a deficiency must be               
          filed with this Court within 90 days (or 150 days if the notice             
          is addressed to a person outside the United States) after the               
          notice of deficiency is mailed to the taxpayer.  See sec.                   
          6213(a).  The time provided for filing a petition is                        


               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       





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