John L. Bobbs - Page 12

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               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.           





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