John L. Bobbs - Page 9

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          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.                                            




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