Opinion
12622-21S
02-01-2022
Abel Domingo Diego Francisco, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Diana L. Leyden Special Trial Judge
This case is calendared for trial at the April 18, 2022, Miami, Florida, Trial Session of the Court.
The petition in this case was filed on April 14, 2021. Petitioner seeks review of a notice of deficiency dated January 11, 2021, issued for the taxable year 2018. Attached to that petition is a copy of the January 11, 2021, deficiency notice issued to petitioner. That deficiency notice states that the date to file a timely Tax Court petition as to that notice would expire on April 12, 2021.
The petition, filed April 14, 2021, arrived at the Court in an envelope that did not bear a postmark.
An examination of the petition, the deficiency notice attached to that petition, and the envelope in which the petition arrived, suggests that the petition in this case was not filed timely as of April 12, 2021. If such be the case, this Court would lack jurisdiction to redetermine a deficiency in petitioner's tax for 2018. I.R.C. secs 6213(a), 7502; Brown v. Commissioner, 78 T.C. 215, 220 (1982); Rule 13(c), Tax Court Rules of Practice and Procedure. Upon due consideration, it is
ORDERED that, on or before March 2, 2022, respondent shall file a response to this Order and attach thereto, a postmarked U.S. Postal Service Form 3877, or other proof of mailing, showing the January 11, 2021, deficiency notice for 2018, upon which this case is based, was sent by certified or registered mail to petitioner at the last known address on or about January 11, 2021. It is further
ORDERED that, on or before March 2, 2022, petitioner and respondent each shall show cause, in writing, why the Court, on its own motion, should not dismiss this case for lack of jurisdiction on the ground the petition was not timely filed.