Lander Gibson - Page 2




                                        - 2 -                                         
          Background                                                                  
               At the time he filed his petition and amended petition,                
          petitioner resided in Syracuse, New York.                                   
               In the notice of deficiency, dated September 4, 2001,                  
          respondent determined a deficiency in petitioner’s 1999 Federal             
          income tax of $5,028.2  The notice of deficiency advised                    
          petitioner that he had 90 days from the date of the notice to               
          file a petition in the Tax Court for a redetermination of the               
          deficiency.  The notice of deficiency stated that the last date             
          to petition the Tax Court was December 3, 2001.                             
               Petitioner mailed a petition properly addressed to the Court           
          in late November 2001 at a post office in the Carousel shopping             
          mall in Syracuse after he finished work.  The Court received the            
          petition on January 2, 2002, which is 120 days after the mailing            
          of the notice of deficiency.  In November and December 2001 and             
          January 2002, the Court was experiencing significant anthrax-               
          related mail delays following the closure of the post office                
          serving the Court.  In January 2002, the Court was still                    
          receiving mail from November and December 2001.  All of the                 
          regular U.S. mail received by the Court was subject to                      
          irradiation treatment.  As a result of the irradiation treatment,           


               1(...continued)                                                        
          are to the Tax Court Rules of Practice and Procedure.                       
               2  Amounts are rounded to the nearest dollar.                          





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