- 5 - 357 (1977) (finding on the basis of the taxpayer’s testimony that he mailed his petition timely). We found petitioner to be forthright and candid and his testimony to be credible. Petitioner testified that, in mailing the petition, he was “rushing” to make sure he “beat the time several days ahead”, and the post office assured him that the petition would arrive “on time”. Petitioner testified that he mailed the petition return receipt requested and made sure the receipt was stamped at the post office. Once the petition arrived at the Court, however, he testified that he did not think to save the receipt because he did not think it was important once he knew that the Court had received the petition. Further, petitioner provided credible testimony as to where and when the petition was mailed. We conclude that petitioner timely mailed his petition. Accordingly, respondent’s motion to dismiss for lack of jurisdiction will be denied. To reflect the foregoing, An appropriate order will be issued.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011