- 7 - Second, electronic tracking information from UPS demonstrates that the “Express Pad Pak” containing the petition was received by UPS at 3:40 p.m. on October 6, 2006, the 91st day after the mailing of the notice of deficiency. If we assume, arguendo, that petitioner delivered the petition to Pak Mail Center, UPS’s authorized agent, “on the evening of October 5, 2006”, but that the “Express Pad Pak” was not acknowledged as received by UPS until 3:40 p.m. on October 6, 2006, we would still be constrained to grant respondent’s motion and dismiss this case for lack of jurisdiction.3 The timely mailing/timely filing rule of section 7502 applies not only if the taxpayer sends a petition through the United States mail but also if the taxpayer sends the petition using a PDS designated by the Commissioner. Insofar as UPS is concerned, only UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express have been designated by the Commissioner as a PDS. See sec. 7502(f); Notice 2004-83, 2004-2 C.B. 1030. UPS 3 We should emphasize that there is no persuasive evidence whatsoever that petitioner delivered the petition to UPS’s agent “on the evening of October 5, 2006”. Undoubtedly, petitioner received a receipt from Pak Mail Center for the cost incurred in having the “Express Mail Pac” delivered to the Court in Washington, D.C.; yet he tells us that “I do not have any documents which establish the above situation.” We could infer, therefore, that a receipt or similar documentation would be unfavorable to petitioner’s case. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007