- 6 - There is no dispute in this case that respondent mailed the notice of deficiency to petitioner on July 7, 2006, or that the 90th day following the mailing of the notice of deficiency in this case was Thursday, October 5, 2006. Thus, the last day allowed by law to file a petition in this case was Thursday, October 5, 2006, which was not a legal holiday in the District of Columbia. See sec. 6213(a). The petition in this case was not filed with the Court until October 10, 2006. Petitioner contends that the petition was timely mailed. However, the fact that petitioner dated the petition October 6, 2006, which date is the 91st day after the mailing of the notice of deficiency, belies that contention. Nevertheless, we shall assume arguendo that petitioner postdated the petition and address his contention.2 In his Supplement To Objection, petitioner alleges that he “placed the petition in the mail at the Estes Road post office on the evening of October 5, 2006.” However, there are two problems with this contention. First, the record conclusively demonstrates that the petition was dispatched to, and arrived at, the Court through a PDS, namely, UPS. It was not sent to the Court through the U.S. mail. 2 We should emphasize that there is no persuasive evidence whatsoever that petitioner did postdate the petition.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007