- 5 - Petitioner, who at that time resided in McAllen, Texas, filed timely a petition with this Court postmarked January 2, 2003.2 On February 20, 2003, respondent filed a motion to dismiss for failure to state a claim upon which relief can be granted. In response, the Court issued an order instructing petitioner to file an amended petition, and informing both parties that a hearing would be held on respondent’s motion. Petitioner filed a motion for extension of the time to file his amended petition, which the Court granted. Petitioner filed an amended petition on March 13, 2003, and filed a second amended petition on March 24, 2003. All three of petitioner’s petitions were devoid of any arguments regarding the dollar amount of the deficiency.3 They focused solely on petitioner’s contentions 2Respondent mailed the notice of deficiency to petitioner on Oct. 3, 2002. The 90th day thereafter was Wednesday, Jan. 1, 2003, which was a legal holiday in the District of Columbia. See sec. 6213(a); Rule 25(b). “When the last day prescribed under authority of the internal revenue laws for performing any act falls on * * * a legal holiday, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a * * * legal holiday.” Sec. 7503. If a postage prepaid properly addressed petition is received by the Court after the expiration of the 90-day period, it is nevertheless deemed to be timely if the date of the U.S. Postal Service postmark stamped on the envelope in which the petition was mailed is within the time prescribed for filing. Sec. 7502(a); sec. 301.7502-1, Proced. & Admin. Regs. Petitioner mailed his petition via the U.S. Postal Service, and it bears a postmark of Jan. 2, 2003. Accordingly, the petition is deemed timely filed. See sec. 7502(a). 3Petitioner did not assign error to respondent’s deficiency (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008