Calvert Anesthesia Associates-Pricha Phattiyakul, M.D., P.A. - Page 8

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          States, 469 U.S. 70, 76 n.3 (1984); see also Ex parte Collett,              
          337 U.S. 55 (1949); Venture Funding, Ltd. v. Commissioner,                  
          110 T.C.     (1998).                                                        
               The critical language in section 7476(b)(5) is that "no                
          proceeding may be initiated * * * [in this Court for a                      
          declaratory judgment] unless the pleading is filed before the               
          ninety-first day after the day after such notice is mailed to               
          such person".  We find this text to be unambiguous.  The text               
          means that a petition for declaratory judgment must be                      
          filed within 90 days of the day following the day that respondent           
          issued the final revocation letter, or, in other words, no more             
          than 91 days after the letter was issued.                                   
               Although not necessary to our understanding of the text, we            
          have reviewed the legislative history of section 7476(b)(5) and             
          conclude that this history does not change our result.  When                
          passed by the House, the House bill read as follows:                        
                    (5)  Time for bringing action.--If the Secretary                  
               or his delegate sends by certified or registered mail                  
               his determination with respect to the qualification of                 
               the plan to the persons requesting such determination,                 
               no proceeding may be initiated under this section by                   
               any person unless the pleading is filed before the 91st                
               day after the date such person is notified by the                      
               Internal Revenue Service of such mailing.  [H.R. 12855,                
               93d Cong., 2d Sess. sec. 1041(a) (1974).]                              
          With respect thereto, the underlying report of the House Ways and           
          Means Committee stated:  "No petition to the Tax Court may be               
          filed after 90 days from the date on which the Secretary or his             





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