Juan El Khouri and Kitty Hunter - Page 8




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          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...)           





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