Ronald S. Raczkowski - Page 8




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          Ground has not been designated by the Commissioner as a PDS.                
          Notice 2004-83, supra.  Thus, the timely mailing/timely filing              
          rule of section 7502 does not apply to UPS Ground service.  See             
          Notice 2004-83, supra; Notice 97-26, 1997-1 C.B. 413.                       
               Even if the timely mailing/timely filing rule of section               
          7502 did apply to UPS Ground service, we would still be                     
          constrained to grant respondent’s motion and dismiss this case              
          for lack of jurisdiction.  Pursuant to Notice 97-26, supra, the             
          date on which an item is recorded electronically to the database            
          of UPS is treated as the postmark date for purposes of section              
          7502.  Extrinsic evidence would not be admissible to contradict             
          that postmark date.  Austin v. Commissioner, T.C. Memo. 2007-11.            
               In view of the foregoing, we hold that the petition in this            
          case was not timely filed pursuant to either section 6213(a) or             
          section 7502.  Accordingly, we shall grant respondent’s Motion To           
          Dismiss For Lack Of Jurisdiction, and we shall dismiss this case            
          for lack of jurisdiction on the ground that the petition was not            
          timely filed.4                                                              






               4  We note that although petitioner cannot pursue a case in            
          this Court, he is not without a judicial remedy.  Thus,                     
          petitioner may pay the determined liabilities, file a claim for             
          refund with the Internal Revenue Service, and, if the claim is              
          denied, sue for a refund in the appropriate Federal District                
          Court or the United States Court of Federal Claims.  See                    
          McCormick v. Commissioner, 55 T.C. 138, 142 (1970).                         





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