Gwendolyn B. Smith - Page 7

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          2003, the 129th day after the mailing of the notice of                      
          determination.  Moreover, the envelope in which the petition was            
          received at the Court bears a postmark date of November 12, 2003,           
          the 124th day after the mailing of the notice of determination.             
          See sec. 7502(a).  It follows that the petition was late filed              
          and that we must therefore dismiss this case for lack of                    
          jurisdiction.  See McCune v. Commissioner, 115 T.C. 114 (2000).             
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              


                                             An order of dismissal for lack           
                                        of jurisdiction will be entered.              
























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