- 9 - address.2 See Mulvania v. Commissioner, supra at 67-68. We note that the United States Court of Appeals for the Third Circuit has squarely addressed and rejected petitioners' argument in Berger v. Commissioner, 404 F.2d 668 (3d Cir. 1968), affg. 48 T.C. 848 (1967). In Berger at 675 the Court stated: We therefore reject a construction of the procedural provisions of section 6212 which would yield the startling conclusion that a notice given to clients and their lawyer is inadequate even though they received it in due course, simply because the lawyer's copy should have been the original, and the channel of certified mail which was used for the taxpayers should have been used for the lawyer. Moreover, petitioners' argument that because the IRS did not send an original of the deficiency notice to Ms. Steinhauer, the date of her receipt commences the 90-day period for filing of the petition lacks merit. Turning to petitioners' argument that they were advised by several employees of the IRS that the date by which a petition must be filed in this case was March 14, 1996, we are unable to provide any relief for petitioners. The law is clear that erroneous legal advice rendered by employees of the IRS generally is not binding on the Commissioner. Dixon v. United States, 381 U.S. 68, 72-73 (1965); Schuster v. Commissioner, 312 F.2d 311 (9th Cir. 1962), affg. in part and revg. in part 32 T.C. 998 and 2 However, as indicated earlier, it appears that the copy Ms. Steinhauer received was stamped "ORIGINAL". In this day of modern communication and photocopies, there is little to distinguish an original from a copy stamped "ORIGINAL".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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