119 T.C. No. 10 UNITED STATES TAX COURT STANLEY D. CLOUGH AND ROSEMARY A. CLOUGH, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 6836-02. Filed October 18, 2002. R filed a motion to dismiss for lack of jurisdiction on the ground that Ps’ petition was not timely filed. R attached a copy of the certified mail list showing that the notice of deficiency was mailed on Dec. 4, 2001. The U.S. Postal Service postmark on the envelope in which the petition was mailed was dated Mar. 21, 2002, a date more than 90 days after the mailing of the notice of deficiency. R filed sworn declarations of the manager of the office that maintained the certified mail list stating that the list was obtained from records of that office. R also filed a declaration of a processing clerk of the U.S. Postal Service outlining the procedure that he follows in processing certified mail and stating that on Dec. 4, 2001, he placed a postal stamp on the certified mail list attached to R’s motion. Ps object to the introduction into evidence of the certified mail list and the declarations on the grounds that these documents constitute inadmissible hearsay.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011