Joanne C. Austin - Page 3

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          Priority Overnight service label dated May 9, 2006 (FedEx                   
          electronically generated label).  The FedEx electronically                  
          generated label specifies Wednesday, May 10, 2006, as the                   
          “Deliver By” date.  The FedEx electronically generated label also           
          identifies a FedEx employee number and provides a tracking number           
          (TRK# 8461 9487 1417) for the envelope.                                     
               Tracking information furnished by FedEx shows that the                 
          envelope in question was picked up at 5:22 p.m. on Tuesday, May             
          9, 2006, and delivered at 9:09 a.m. on Wednesday, May 10, 2006.4            
               As stated above, respondent filed a Motion To Dismiss For              
          Lack Of Jurisdiction on the ground that the petition was not                
          filed with the Court within the time prescribed by section                  
          6213(a) or section 7502.                                                    
               Petitioner filed an objection to respondent’s motion to                
          dismiss.  In her objection, petitioner contends that her petition           
          was timely filed.  In this regard, petitioner states:  That on              
          May 4, 2006, she flew to Baltimore, Maryland, to attend a trade             
          show; that she stayed at the Days Inn while in Baltimore; that              
          she signed the petition on Sunday, May 7, 2006; that she                    
          completed the customer handwritten label at about 8 a.m. on                 
          Monday, May 8, 2006, and affixed it to the FedEx envelope; that             
          she placed the petition in the FedEx envelope, which she then               


               4  After processing the mail and other deliveries, the                 
          Court’s mailroom clocked in the petition later that morning at              
          10:22 a.m.                                                                  




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