- 8 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007