Ronald S. Raczkowski - Page 2




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          by section 6213(a) or section 7502.1  As explained below, we                
          shall grant respondent’s motion to dismiss.                                 
                                     Background                                       
               Petitioner resided in Chapel Hill, North Carolina, when the            
          petition was filed in this case.                                            
               On Friday, July 7, 2006, respondent mailed a notice of                 
          deficiency to Ronald S. Raczkowski (petitioner).  In the notice,            
          respondent determined deficiencies in petitioner’s Federal income           
          taxes for the taxable years 2003 and 2004 in the amounts of                 
          $40,634 and $7,994, respectively.  The notice was sent to                   
          petitioner by certified mail at his home address.  Petitioner               
          received the notice of deficiency on Tuesday, July 11, 2006.                
               The first page of the notice of deficiency states as                   
          follows:  “Last Day to File a Petition With The United States Tax           
          Court:  October 5, 2006”.                                                   
               On Tuesday, October 10, 2006, petitioner filed a petition              
          with this Court seeking a redetermination of the deficiencies               
          determined by respondent in the notice of deficiency.  The                  
          petition, which is dated Friday, October 6, 2006, was delivered             
          to the Court by United Parcel Service of America, Inc. (UPS), a             
          private delivery service (PDS), in an “Express Pad Pak”                     
          indicating that it had been sent by “UPS Ground” service.                   



               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect at the time that the petition           
          was filed, and all Rule references are to the Tax Court Rules of            
          Practice and Procedure.                                                     



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