Joanne C. Austin - Page 5

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               Section 6212(a) expressly authorizes the Commissioner, after           
          determining a deficiency, to send a notice of deficiency to the             
          taxpayer by certified or registered mail.  The taxpayer, in turn,           
          has 90 days (or 150 days if the notice is addressed to a person             
          outside of the United States) from the date that the notice of              
          deficiency is mailed to file a petition with this Court for a               
          redetermination of the contested deficiency.  Sec. 6213(a).                 
               There is no dispute in this case that respondent mailed the            
          notice of deficiency to petitioner on February 6, 2006.  The 90th           
          day thereafter was Sunday, May 7, 2006.  Thus, the last day                 
          allowed by law to file a petition in this case was Monday, May 8,           
          2006, which was not a legal holiday in the District of Columbia.            
          See secs. 6213(a), 7503.  However, as previously stated, the                
          petition was not received or filed by the Court until Wednesday,            
          May 10, 2006.                                                               
               Petitioner contends that her petition was timely filed                 
          because she gave it to the front desk clerk of the Days Inn on              
          the morning of Monday, May 8, 2006, for pickup later that day by            
          FedEx.                                                                      
               A timely mailed petition may be treated as though it were              
          timely filed.  Sec. 7502(a).  Thus, if a petition is received by            
          the Court after the expiration of the 90-day period, it is                  
          nevertheless deemed to be timely filed if the date of the U.S.              
          Postal Service postmark stamped on the envelope in which the                






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