Ronald S. Raczkowski - Page 6




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               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.                       





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