James E. Shipley and Patricia B. Shipley v. Commissioner of Internal Revenue

This is an appeal from the dismissal of taxpayers’ petition for redetermination of their tax liability. The tax court dismissed the petition for lack of jurisdiction, holding that the petitioner had not met the jurisdictional requirement of a timely filing. The court’s basis for its holding was that the petition had been postmarked after the ninety-day statutory period, and that, though petitioners claimed that they had sent the petition by certified mail, no postmarked sender’s receipt had been introduced in evidence. We affirm the dismissal.

On December 30, 1975 the Commissioner notified the…