- 3 - On October 3, 2001, petitioners mailed a letter to the Court which the Court received and filed as a petition on October 9, 2001. Discussion A taxpayer generally has 90 days from the mailing of a notice of deficiency to petition this Court for a redetermination of the deficiency. Sec. 6213(a). Respondent mailed the notice of deficiency to petitioners on July 27, 2001. The 90th day after the notice of deficiency was issued was September 25, 2001. Petitioners mailed the petition on October 3, 2001. Petitioners contend that we should treat their petition as timely because respondent’s notices and regulations extended the time for taxpayers affected by the September 11, 2001, terrorist attack to file a petition in the Tax Court. We disagree that those notices and regulations apply to petitioners. Petitioners contend that, because of their involvement with Stand Up For America after the September 11, 2001, terrorist attack, they are persons affected by a presidentially declared disaster within the meaning of section 301.7508A-1(d)(vii), Proced. & Admin. Regs., and thus the deadline for filing their petition was postponed. The Secretary has authority to postpone the deadlines for performance of certain acts, including filing a Tax CourtPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011