Gregory Alan Lindstrom - Page 5




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         (and commencement of the 90-day period).  Traxler v.                         
         Commissioner, 61 T.C. 97, 100 (1973), modified 63 T.C. 534                   
         (1975).  Here, the envelope contains no postmark, and the date on            
         the certified mail receipt is August 14, 2006.  We accordingly               
         conclude that the notice was mailed on August 14, 2006, for the              
         purpose of applying section 6213(a).                                         
              The 90th day following the date of mailing was Sunday,                  
         November 12, 2006.  Section 6213(a) provides that a Sunday is not            
         counted as the last day of the period.  Consequently, the last               
         day for filing a timely petition in this case was Monday,                    
         November 13, 2006.  (The November 13, 2006 deadline was also                 
         stated on the face of the notice of deficiency, pursuant to                  
         section 3463(a) of the Internal Revenue Service Restructuring and            
         Reform Act of 1998, Pub. L. 105-206, 112 Stat. 767.)                         
              The petition in this case was received by the Court on                  
         November 15, 2006.  However, a petition that is delivered to the             
         Court after the expiration of the period provided by section                 
         6213(a) shall be deemed timely if it bears a timely USPS                     
         postmark.  Sec. 7502(a).  Section 7502(f) provides that the                  
         petition may similarly be deemed timely when the taxpayer uses a             
         "designated delivery service" rather than the USPS.  The                     
         Commissioner has designated the private delivery service used by             
         petitioner, FedEx Standard Overnight, as such a service for the              
         purpose of section 7502.  Notice 2004-83, 2004-2 C.B. 1030.  In              







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