Pace Oil Co. v. Commissioner
United States Tax Court
Petitioner's income tax return for the taxable year ended July 31, 1974, after extensions of time for filing, was required to be filed on or before Apr. 15, 1975. Petitioner mailed its return to respondent on Apr. 7, 1975, in a properly addressed envelope with postage prepaid.
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Petitioner's income tax return for the taxable year ended July 31, 1974, after extensions of time for filing, was required to be filed on or before Apr. 15, 1975. Petitioner mailed its return to respondent on Apr. 7, 1975, in a properly addressed envelope with postage prepaid. Respondent received the return on Apr. 9, 1975. Respondent mailed his statutory notice of deficiency to petitioner on Apr. 10, 1978 (Apr. 9 being a Sunday). Held: The return was timely filed without regard to the provisions of sec. 7502(a), I.R.C. 1954. Such section does not apply to a tax return unless it is untimely…
1Opinion of the Court
OPINION
Dawson, Judge:
This motion was assigned to and heard by Special Trial Judge Fred S. Gilbert, Jr., pursuant to section 7456(c), Internal Revenue Code. The Court agrees with and adopts his opinion which is set forth below.1
OPINION OF THE SPECIAL TRIAL JUDGE
Gilbert, Special Trial Judge:
This case is before the Court on the petitioner’s motion for summary judgment, under Rule 121, Tax Court Rules of Practice and Procedure.
Respondent determined a deficiency of $316,427.13 in petitioner’s Federal income tax for its taxable year ended July 31,1974. Petitioner filed a timely petition seeking a…
2Cases cited2 opinions
- Hotel Equities Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1976
- Hotel Equities Corp. v. CommissionerUnited States Tax Court · 1975
3Cited by19 opinions
- Emmons v. CommissionerUnited States Tax Court · 1989
- First Charter Financial Corp., Plaintiff-Appellee-Cross-Appellant v. United States of America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the First Circuit · 1982
- Walden v. CommissionerUnited States Tax Court · 1988
- Estate of Mitchell v. CommissionerUnited States Tax Court · 1994
- Carnahan v. United StatesDistrict Court, S.D. Indiana · 1982
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