- 18 - donor, or person a written statement containing the material required by subsection (b). Such statement shall be furnished not later than 45 days after the later of the date of such request or the date of such determination or proposed determination. (b) Contents of Statement.--A statement required to be furnished under subsection (a) with respect to the value of an item of property shall-- (1) explain the basis on which the valuation was determined or proposed, (2) set forth any computation used in arriving at such value, and (3) contain a copy of any expert appraisal made by or for the Secretary. Initially, we find it significant that section 7517 does not include an enforcement mechanism. Although petitioner has suggested that respondent's failure to comply with section 7517 may provide grounds for holding the notice of deficiency invalid, petitioner has failed to cite any authority for this proposition and we are aware of none. In the absence of express language declaring that a notice of deficiency will be deemed invalid as a consequence of respondent's failure to comply with a written request under section 7517, we will not graft such an extreme remedy onto the provision.9 9 On the whole, petitioner's reliance on sec. 7517 seems superficial. Although the District Director may not have responded to petitioner's request pursuant to sec. 7517, we note that petitioner's counsel was apparently provided with a copy of the revenue agent's report on or about July 27, 1995. Moreover, our Rules provide the means for petitioner to obtain such information either through the required informal exchange of (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011