- 7 - 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 wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011