- 12 - Service but is not legible, the person who is required to file the document or make the payment has the burden of proving the date that the postmark was made. [Emphasis supplied.] As the person who is required to file a timely petition, petitioner had the burden of proving the date on which the U.S. Postal Service postmark was made. Petitioner failed to do so. Petitioner simply argues that the forwarding of the Request by respondent to the Court caused the filing to be untimely and that his case should not be dismissed because of respondent’s failure to act promptly. It is unfortunate that respondent did not exercise greater care and diligence to insure that petitioner’s Request was delivered timely to this Court. However, it is petitioner’s responsibility to file his petition properly; respondent has no burden to forward a misaddressed petition to the Court. Axe v. Commissioner, 58 T.C. 256, 259 (1972). We cannot expand our jurisdiction beyond the 90-day prescribed period, “whatever the equities of a particular case may be and regardless of the cause for * * * [the petition] not being filed within the required period.” Id. Because petitioner has not proven the date on which the illegible U.S. Postal Service postmark was made and because his petition was not delivered or deemed delivered to the Court within 90 days of the date of the notice of deficiency, we hold that we do not have jurisdiction under sections 6213(a) and 7502.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011