Legal Opinion

Winkler v. Commissioner

United States Tax Court

Decided July 22, 1971No. Docket No. 1046-71Published

The envelope containing the petition in this case bore a U.S. postmark dated Feb. 16, 1971, the 151st day after the mailing of the notice of deficiency. The petitioners had a 150-day period for timely filing the petition. Held, Feb. 15, 1971, the 150th day, was a legal holiday in the District of Columbia, and therefore, the petition is considered to have been timely filed.

1Opinion of the Court

William M. (Deceased) and Ernestina Winkler, Petitioners v. Commissioner of Internal Revenue, Respondent

Winkler v. Commissioner

Docket No. 1046-71

United States Tax Court

56 T.C. 844; 1971 U.S. Tax Ct. LEXIS 95;

July 22, 1971, Filed

The envelope containing the petition in this case bore a U.S. postmark dated Feb. 16, 1971, the 151st day after the mailing of the notice of deficiency. The petitioners had a 150-day period for timely filing the petition. Held, Feb. 15, 1971, the 150th day, was a legal holiday in the District of Columbia, and therefore, the petition is considered to have been timely…

2Cases cited11 opinions

  1. United States v. Cooper Corp.Supreme Court of the United States · 1941
  2. Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
  3. American Security & Trust Co. v. Commissioners of the District of ColumbiaSupreme Court of the United States · 1912
  4. Fishman v. CommissionerUnited States Tax Court · 1969
  5. Irving and Helen Fishman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1970

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