- 6 - Petitioner challenges the validity of the notice of determination on the ground that it was not mailed to his “correct address”. The record shows otherwise. Specifically, the notice of determination was mailed to the same address that petitioner listed as his return address both on his request for an administrative hearing and in the petition that he filed with the Court. Petitioner has not identified any other address to which the notice of determination should have been mailed. Accordingly, we conclude that the notice of determination was mailed to petitioner at his last known address. See secs. 6320(a)(2)(C), 6330(a)(2)(C); see also Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988); sec. 301.6212-2, Proced. & Admin. Regs. Under the circumstances, the issue remaining for decision is whether the petition was timely filed. The record shows that respondent mailed the notice of determination to petitioner on December 11, 2001. Consequently, the 30-day period for filing a timely petition with the Court expired on Thursday, January 10, 2002, a date that was not a legal holiday in the District of Columbia. The petition in this case was received and filed by the Court on February 7, 2002, and arrived at the Court in an envelope bearing a U.S. Postal Service postmark date of January 11, 2002. Because the petition was mailed to the Court one day after the expiration of the 30-day filing period, it follows thatPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011