David and Caryn Peterson - Page 4




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          jurisdictional and cannot be extended.  Failure to file within              
          the prescribed period requires that the case be dismissed for               
          lack of jurisdiction.  See Estate of Cerrito v. Commissioner, 73            
          T.C. 896, 898 (1980); Stone v. Commissioner, 73 T.C. 617, 618               
          (1980).                                                                     
               In this case, the 90-day period for filing a timely petition           
          with this Court pursuant to section 6213(a) expired on Monday,              
          January 24, 2000.2  The petition was not filed until Tuesday,               
          February 8, 2000, which was 105 days after the mailing of the               
          notice of deficiency.                                                       
               Although the petition was not timely filed, petitioners                
          maintain that the petition was timely mailed to the Court on                
          January 24, 2000, the last day of the 90-day period, and 15 days            
          before the petition was delivered to the Court.  Section 7502 and           
          the regulations thereunder provide that, in certain                         
          circumstances, a timely mailed petition will be treated as though           
          it were timely filed.                                                       
               Section 301.7502-1(c)(2), Proced. & Admin. Regs., provides:            
               If the document is sent by United States certified mail                
               and the sender's receipt is postmarked by the postal                   
               employee to whom such document is presented, the date                  
               of the United States postmark on such receipt shall be                 
               treated as the postmark date of the document.                          
               Accordingly, the risk that the document will not be                    
               postmarked on the day that it is deposited in the mail                 
               may be overcome by the use of * * * certified mail.                    


               2Jan. 24, 2000, was not a legal holiday in the District of             
          Columbia.                                                                   





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