Walther Guerrier, Jr. - Page 13




                                       - 13 -                                         
          this case for lack of jurisdiction on the ground that petitioner            
          filed the petition in this case after the 30-day period pre-                
          scribed by section 6330(d).  Petitioner does not dispute that his           
          petition in response to the notice of determination was mailed              
          via Postal Service Express Mail on March 31, 2001, or that the              
          petition was filed on April 2, 2001, both of which dates exceed             
          the 30-day period prescribed by section 6330(d).  Instead,                  
          petitioner argues that respondent’s motion should be denied                 
          because it was not clear to him whether, in calculating the 30-             
          day period prescribed by section 6330(d), the days to which that            
          section refers and to which the notice of determination refers              
          are calendar days or business days.                                         
               We conclude that the 30 days provided in section 6330(d) for           
          timely filing a petition in the Tax Court with respect to a                 
          determination under section 6330 (and section 6320) are 30                  
          calendar days, and not 30 business days.  See McGuire v. Commis-            
          sioner, 52 T.C. 468 (1969).  On the record before us, we find               
          that petitioner was required to file a petition in response to              
          the notice of determination on or before March 23, 2001,  which             
          was not a Saturday, a Sunday, or a legal holiday in the District            
          of Columbia and which is 30 calendar days after February 21,                
          2001, the date on which respondent issued the notice of determi-            
          nation.  See sec. 6330(d); see also Rule 25.  Petitioner filed              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011