- 7 - We agree with respondent that “petitioners’ allegations that they relied upon the second date stamp of ‘February 16, 2002' are self-serving and lack merit when viewed under the totality of circumstances”. Moreover, statutory periods are jurisdictional and cannot be extended. McCune v. Commissioner, 115 T.C. 114, 117 (2002); Joannou v. Commissioner, 33 T.C. 868, 869 (1960). See also In re Smith v. United States, 96 F.3d 800, 802 (6th Cir. 1996), in which the Court of Appeals for the Sixth Circuit (the court to which an appeal from this decision would lie) noted that it has been “rather consistent in denying ‘equitable’ pleas to disregard the strict timing rules of the Tax * * * [Code]”, and United States v. Brockamp, 519 U.S. 347 (1997), in which the Supreme Court refused to permit equitable tolling of the limitations period on income tax refund claims. Here, there is no basis to even consider whether equitable relief might be appropriate. The notices were clearly dated December 18, 2001, and were received by petitioners on December 20, 2001. Petitioners could have resolved any confusion that might have been caused by the February 16, 2002, date stamp simply by contacting the Internal Revenue Service upon their receipt of the notices, or during the ensuing 28-day period, at the contact telephone number provided on the notices themselves. Their failure to do so has resultedPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011