- 8 - dated October 5, 2001, and it arrived at the Court in an envelope bearing both a U.S. Postal Service postmark date and a private postmeter postmark date of October 5, 2001–-a date that was 91 days after the mailing of the notice of deficiency. It follows that the petition was neither mailed to the Court nor filed within the 90-day filing period prescribed in section 6213(a) or section 7502(a). The only remaining question is whether petitioners are entitled to relief because of the events of September 11, 2001. Section 7508A, titled “Authority To Postpone Certain Tax-Related Deadlines By Reason Of Presidentially Declared Disaster”, provides in pertinent part: SEC. 7508A(a). In General.–-In the case of a taxpayer determined by the Secretary to be affected by a Presidentially declared disaster (as defined by section 1033(h)(3)), the Secretary may prescribe regulations under which a period of up to 120 days may be disregarded in determining, under the internal revenue laws, in respect of any tax liability (including any penalty, additional amount, or addition to the tax) of such taxpayer-- (1) whether any of the acts described in paragraph (1) of section 7508(a) were performed within the time prescribed therefor * * *.[5] 5 Sec. 7508A was amended by the Victims of Terrorism Tax Relief Act of 2001, Pub. L. 107-134, sec. 112(a), 115 Stat. 2427, 2433. The amendment confers authority to postpone certain deadlines by reason of terroristic or military actions and extends the period that may be disregarded from 120 days to 1 year. The amendment applies to disasters and terroristic or military actions occurring on or after Sept. 11, 2001, with respect to any action of the Secretary of the Treasury, the Secretary of Labor, or the Pension Benefit Guaranty Corp. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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