Joanne C. Austin - Page 10

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          for FedEx Priority Overnight delivery.  Thus, the date on the               
          label is treated as the postmark date for purposes of section               
          7502.  See Notice 97-26, supra.                                             
               The Days Inn where petitioner left the petition for pickup             
          by FedEx is not a PDS.  See Notice 2004-83, supra.  Thus, the               
          handing-over of the petition to the Days Inn front desk clerk on            
          May 8, 2006, does not help petitioner.7                                     
               Finally, petitioner argues that she did nothing wrong in               
          handing over her petition to the Days Inn front desk clerk on May           
          8, 2006.  However, even if we were inclined to do so, the Court             
          cannot rely on general equitable principles to expand the                   
          statutorily prescribed period for filing the petition.  See and             
          compare Woods v. Commissioner, 92 T.C. 776, 784-785 (1989).                 














               7  Compare Estate of Cranor v. Commissioner, T.C. Memo.                
          2001-27, where we held that a petition sent by FedEx 4 days                 
          before the last filing date was timely mailed, even though it was           
          not delivered, but rather returned to the sender because the                
          sender, who had properly addressed the airbill, had erroneously             
          checked the “Hold Saturday” box thereon.                                    




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