- 3 - and/or 6330. The notice of determination was sent by certified mail to petitioner’s last known address. The notice of determination informed petitioner that if she wanted to dispute respondent’s determination in court, then she must file a petition with this Court “within 30 days from the date of this letter.” On November 17, 2003, the Court received and filed a petition for lien or levy action wherein petitioner seeks to challenge the underlying tax liabilities.2 Attached to the petition is a copy of respondent’s notice of determination. The petition, which is dated July 21, 2003, arrived at the Court in a properly addressed envelope, which was mailed to the Court by certified mail, return receipt requested, bearing a U.S. Postal Service postmark date of November 12, 2003.3 As indicated, respondent moved to dismiss the petition for lack of jurisdiction on the ground that the petition was not timely filed. Petitioner filed an objection to respondent’s motion to dismiss stating in pertinent part as follows: I did file my petition on July 11, 2003. I asked the fees be waived * * *. I kept waiting to hear from the Court, but I did not hear anything. I found out the petition was not before the Court while talking to the 2 At the time that the petition was filed, petitioner resided in Stevenson, Ala. 3 We note that the envelope identifies H & R Block, 5614 Main Street, P.O. Box 310, Grant, Ala. 35747, as the return address.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011