- 9 - as an imperfect petition9 on April 12, 2004.10 A petition is timely filed if it is received by the Court within 90 days after the notice is mailed. Sec. 6213(a). If the last day of the 90-day period falls on a Saturday, Sunday, or a legal holiday in the District of Columbia, the last day of the 90-day period is the first business day thereafter. Id.; sec. 301.6213-1(a)(1), Proced. & Admin. Regs. The notice in this case was mailed on January 6, 2004. The 90-day period for timely filing a petition with the Court expired on April 5, 2004, which date was not a Saturday, Sunday, or legal holiday in the District of Columbia. If the petition is properly addressed, with postage prepaid, and is postmarked within the applicable 90-day period in accordance with section 7502(a), the petition will be considered timely even if it is not received by the Court until after the 90-day period. Sec. 7502(a). In this case, petitioner’s mailing of the Request to respondent was not properly addressed. Moreover, even if we assume that section 7502 may be applied to respondent’s remailing of the Request to the Court, the criteria of section 7502 were not met by the remailing because we cannot 9This Court has been liberal in filing documents submitted by taxpayers as petitions. See Eiges v. Commissioner, 101 T.C. 61, 68 (1993); Castaldo v. Commissioner, 63 T.C. 285, 287 (1974). 10We received petitioner’s Request 97 days after respondent mailed the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011