Juan El Khouri and Kitty Hunter - Page 4




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          delivery of their first petition may have been impeded because of           
          the terrorist attacks on September 11, 2001.                                
          Respondent filed a response to petitioners’ objection,                      
          asserting that petitioners failed to demonstrate that the                   
          delivery of the petition purportedly mailed to the Court on                 
          September 15, 2001, was impeded because of the events of                    
          September 11, 2001.4  Respondent also argued that the U.S. Postal           
          Service postmark date of October 5, 2001, appearing on the                  
          envelope in which the petition was delivered to the Court,                  
          conclusively establishes that the petition was not mailed within            
          the statutory 90-day filing period.  See sec. 301.7502-                     
          1(c)(1)(iii)(A), Proced. & Admin. Regs. (regarding U.S. Postal              
          Service postmarks); see also sec. 301.7502-1(c)(1)(iii)(B),                 
          Proced. & Admin. Regs. (regarding private postmeter postmarks).             
               The Court subsequently issued an Order directing petitioners           
          to provide the Court with any documentation they might have                 


               3(...continued)                                                        
          mailing of a petition on Sept. 15, 2001, the Court searched its             
          records but was unable to find any indication of either a                   
          petition filed by petitioners before Oct. 10, 2001, or any                  
          correspondence received from them before that date.                         
               We note that petitioners’ allegation regarding the mailing             
          of the petition on Oct. 4, 2001, is inconsistent not only with              
          the postmark dates on the envelope containing the petition but              
          also with the date on the petition itself.                                  
               4  We note that mail service to the Court was seriously                
          disrupted by the anthrax attacks in Washington, D.C., last fall,            
          but that such attacks did not occur until mid-October 2001.                 





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