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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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Last modified: May 25, 2011