T.C. Memo. 2005-164 UNITED STATES TAX COURT LEONARD AND L. MELNIK GROSSMAN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 8662-04. Filed July 5, 2005. On Jan. 5, 2004, R issued a notice of deficiency to petitioners. The envelope containing Ps’ petition was postmarked by a private postage meter with a date of March 30, 2004. The envelope was properly addressed, but it was received by the Court after the 90-day period for filing prescribed by sec. 6213(a), I.R.C. R moved to dismiss this case for lack of jurisdiction on the ground that Ps’ petition for redetermination was not timely filed. Secs. 6213(a), 7502(a) and (b), I.R.C. Ps contend that their petition was timely filed because it was mailed in accordance with the timely-mailing/timely-filing rule in sec. 7502, I.R.C., and the regulations prescribed thereunder. Ps further contend that because they satisfied the requirements of sec. 7491(a), I.R.C., the burden of proof shifts to R on the issue of whether Ps’ petition was timely filed. R argues that the plain language of sec. 7491(a)(1), I.R.C., indicates it is not applicable to the issue of whether Ps’ petition was timely filed. R argues, in thePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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