Juan El Khouri and Kitty Hunter - Page 7




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          person outside of the United States) from the date that the                 
          notice of deficiency is mailed to file a petition in this Court             
          for a redetermination of the deficiency.  Sec. 6213(a).                     
               Section 7502(a), the so-called timely mailing/timely filing            
          rule, provides that, in certain circumstances, a timely mailed              
          petition will be treated as though it were timely filed.  Section           
          7502(a)(2) provides that the timely mailing/timely filing rule              
          applies only if the postmark date on an envelope falls within the           
          prescribed period on or before the prescribed date.                         
               Petitioners did not challenge the validity of the notice of            
          deficiency.  We observe that the notice was mailed to petitioners           
          at two separate addresses and that a copy of the notice was sent            
          to petitioners’ authorized representative.  Accordingly, it                 
          appears that the notice was mailed to petitioners at their last             
          known address.  See sec. 6212(b)(1).  Under the circumstances,              
          the issue for decision is whether the petition was timely filed.            
               The record in this case demonstrates that the petition was             
          not filed within the 90-day period prescribed in section 6213(a).           
          The record shows that respondent mailed the notice of deficiency            
          to petitioners on July 6, 2001.  Consequently, the 90-day filing            
          period expired on Thursday, October 4, 2001–-a date that was not            
          a legal holiday in the District of Columbia.  The petition was              
          received and filed by the Court on October 10, 2001, 6 days after           
          the expiration of the 90-day period.  Moreover, the petition was            






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