storyparadox2
2falsewitness
Anthony McCann1 360x1000
2gucci
9albion
1falsewitness
14albion
1madoff
5confidencegames
Adam Gopnik 360x1000
lifeinmiddlemarch1
1transcendentalist
1defense
Gilgamesh 360x1000
1lookingforthegoodwar
1gucci
Learned Hand 360x1000
2jesusandjohnwayne
1paradide
Storyparadox1
Maurice B Foley 360x1000
1jesusandjohnwayne
2defense
11632
1lauber
Susie King Taylor 360x1000
Thomas Piketty2 360x1000
10abion
Betty Friedan 360x1000
AlexRosenberg
George M Cohan and Lerarned Hand 360x1000
7albion
2trap
1empireofpain
lifeinmiddlemarch2
5albion
2albion
Samuel Johnson 360x1000
8albion'
Office of Chief Counsel 360x1000
Tad Friend 360x1000
Susie King Taylor2 360x1000
3paradise
James Gould Cozzens 360x1000
499
Anthony McCann2 360x1000
1confidencegames
4confidencegames
6albion
Margaret Fuller 360x1000
2theleastofus
Lafayette and Jefferson 360x1000
2confidencegames
Stormy Daniels 360x1000
1albion
LillianFaderman
2paradise
3defense
13albion
George F Wil...360x1000
Ruth Bader Ginsburg 360x1000
Maria Popova 360x1000
storyparadox3
2transadentilist
Margaret Fuller5 360x1000
Margaret Fuller2 360x1000
3confidencegames
Brendan Beehan 360x1000
Mary Ann Evans 360x1000
Thomas Piketty1 360x1000
4albion
2lookingforthegoodwar
399
12albion
6confidencegames
299
11albion
Margaret Fuller3 360x1000
Edmund Burke 360x1000
7confidencegames
Margaret Fuller 2 360x1000
2lafayette
Richard Posner 360x1000
Mark V Holmes 360x1000
3albion
1trap
Margaret Fuller1 360x1000
199
Margaret Fuller4 360x1000
1theleasofus
Spottswood William Robinson 360x1000
Thomas Piketty3 360x1000
3theleastofus
1lafayette

Originally published on Forbes.com July 17th, 2013
If you disagree with the IRS when they tell you that you should pay more tax, there are two approaches once you are done appealing within the IRS.  You can file a petition with the Tax Court.  There is a pretty tight timeline for that.  Generally you have 90 days and they are pretty unforgiving if you are late.
The other approach is to go ahead and pay the extra tax.  Then you file a refund claim with the IRS, which they will likely deny.  Then you can go to regular federal courts, not the Tax Court.  It is a much more leisurely process.  You have two years from the time the IRS disallows your claim. I have a hard time believing that someone could blow that deadline, but I also have a hard time figuring out why people who are paid millions of dollars to play basketball ever miss foul shots.  A recent Court of Claims case (Langan v US) parses the fine points of the deadline.
James Langan was the executor of the estate of Eleanor Langan.  On July, 9 2007 the IRS issued a deficiency notice in the amount of $378,000 to the estate.  The estate paid and then filed a refund claim on May 28, 2009.  The IRS sent the estate a notice of disallowance by certified mail on December 16, 2009.

Plaintiff sought to challenge that disallowance by mailing his complaint to this court on Thursday, December 15, 2011. “It was not delivered until December 19, 2011,” however.  The clerk stamped December 19, 2011, as the filing date for the complaint.

You may have heard of there being a “timely mailed, timely filed” rule.  That rule applies to tax returns that are required to be filed. This was neither a tax return nor was it “required”.  The government would be fine with just keeping the money.

Defendant points out that this filing date is more than two years after December 16, 2009, the date on which the notice of disallowance of plaintiff’s refund claim was mailed. It thus moves to dismiss the complaint for lack of jurisdiction because refund suits may not be filed “after the expiration of 2 years from the date of mailing by certified mail … of a notice of the disallowance.”

Mr. Langan argues that the complaint should be considered timely, because he had every reason to believe that it would get to the Court on the 16th:

In support of his motion, plaintiff attaches an affidavit from his attorney. Counsel states that he mailed the complaint as express mail at 11:00 p.m. on December 15, 2011, using the 24-hour window of the Dorchester Street post office in Boston, Massachusetts. Counsel concedes that the “Track & Confirm” record shows a guaranteed delivery by December 17, 2011. He asserts, nevertheless, that he “was given every indication that notwithstanding the December 17, 2011 guarantee, barring some unforeseen circumstance, the complaint would be delivered before 12:00 p.m. on December 16, 2011.” . According to counsel, he relied on the advice of a postal clerk, who “expected that both first-class and express mail addressed to government offices, be delivered the next morning in Washington D.C.” .
Counsel also relied on his 20 years of experience in mailing documents to the court, specifically his previous use of the 24-hour window. He asserts that as long as packages are mailed at this window before midnight, “they are delivered in Washington D.C. the next business day.”

The Court did not buy the argument.

The Postal Service website, however, warns that a package must be delivered at the 24-hour window by 8:00 p.m. to ensure delivery by 12:00 p.m. the next day. As to later drop-off times, the website advises customers to check with the local office, but it is silent as to what commitments apply in that case, and as counsel admits, his package only had a “December 17, 2011 guarantee.”

It must be an interesting story as to how a filing two years in the making is being sent on its way with something like 18 hours left on the countdown clock.  Nonetheless I can’t help but think what I would have done if I were in Dorchester at 11:00 PM with a $378,000 claim that needs to be delivered to the Court of Claims before the close of business the next day.  One thing is clear.  I would buy three bottles of Mountain Dew and fill my gas tank.  The only decision to make would be whether to spend the extra miles skirting the metro New York Area or just barrel down I-95.
You can follow me on twitter @peterreillycpa.