John S. Burke - Page 6




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          Commissioner, 119 T.C. 183, 187-188 (2002) (overruling various              
          challenges by a taxpayer to the introduction into evidence by the           
          Commissioner of Postal Service Form 3877).  Respondent relies on            
          the fact that the 90th day after the date of mailing of the                 
          notice of deficiency was June 20, 2007, a Wednesday.  In                    
          respondent’s view, because the petition was mailed to the Court             
          on June 21, 2007, the petition was not timely filed, and this               
          case should therefore be dismissed for lack of jurisdiction.                
               Petitioner does not seriously challenge the mailing date of            
          the notice of deficiency.  Rather, petitioner contends that the             
          notice of deficiency is dated March 24, 2007, and not March 22,             
          2007, and he relies on the statement in the notice that he had              
          “90 days from the date of this letter * * * to file a petition              
          with the United States Tax Court for a redetermination of the               
          deficiency.”  Petitioner correctly states that the 90th day after           
          March 24, 2007, was Friday, June 22, 2007.  In petitioner’s view,           
          because the petition was mailed to the Court on June 21, 2007,              
          and further because the envelope containing the petition was                
          postmarked with that same date, the petition was timely filed and           
          respondent’s motion should therefore be denied.                             
               Respondent vigorously takes issue with petitioner’s                    
          contention.  First, respondent rejects petitioner’s premise that            
          the notice of deficiency is dated March 24, 2007.  Second, even             
          if the notice is so dated, respondent relies on the fact that the           







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