- 3 - Under sections 6213(a) and 7503, the 90-day period within which petitioners could challenge respondent’s determination in this Court expired on April 4, 2005. The envelope in which the petition was mailed to this Court bears no postmark date, but petitioners did not even sign the petition until April 7, 2005, which was 3 days after the deadline. Further, petitioners failed to respond to respondent’s motion and do not argue that they mailed the petition on or before the deadline. Because petitioners failed to file their petition within the statutory 90-day period, we must grant respondent’s motion to dismiss for lack of jurisdiction. Our decision, however, does not deprive petitioners of their right to contest respondent’s determination by paying the tax, filing a claim for refund, and then, if the claim is denied, bringing a suit for refund in a U.S. District Court or the Court of Federal Claims. Our decision instead forecloses petitioners from contesting respondent’s determination in this suit. See Budlong v. Commissioner, 58 T.C. 850, 854 n.2 (1972). Accordingly, An order of dismissal will be entered.Page: Previous 1 2 3
Last modified: May 25, 2011