Richard M. Schafer & Diane M. Wooten - Page 7




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               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 the           





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