- 6 - taxpayers and, in appropriate cases, items sent by the Government. Taxpayers who wish to overcome this presumption will need to provide information that shows that the date recorded in the electronic data base is on or before the due date. For example, a taxpayer could obtain such information in the form of a written confirmation produced and issued by the designated PDS * * *. As previously stated, respondent mailed the notice of deficiency to petitioners on January 18, 2002. Accordingly, the 90-day period for filing a timely petition with the Court expired on Thursday, April 18, 2002. The petition was delivered to the Court by UPS Next Day Air on Monday, April 22, 2002. Consistent with Notice 97-26, 1997-1 C.B. at 414, a presumption arises that the postmark date for the petition was either Friday, April 19, 2002, or Saturday, April 20, 2002. This presumption is confirmed by the UPS tracking detail which states that the envelope bearing the petition was delivered to UPS on Friday, April 19, 2002. Petitioners have not presented any documentation to the contrary. In this regard, the Mail Boxes Etc. parcel shipping order that petitioners attached to their Notice of Objection shows only that petitioners delivered the petition to Mail Boxes Etc. on April 18, 2002. Mail Boxes Etc. is not a designated PDS and was simply acting as petitioners’ agent in this matter. As the record shows that Mail Boxes Etc. delivered the petition to UPS on April 19, 2002, it follows that the petition was not filed with the Court within thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011