- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011