- 32 - prerequisite to seeking relief under the substantial compliance doctrine is a showing that the taxpayer wished to avail himself of a certain tax treatment and attempted to comply with the applicable requirements. Finally, there is no defense of substantial compliance for failure to comply with the essential requirements of the governing statute. See Prussner v. United States, 896 F.2d 218, 224 (7th Cir. 1990); see also Tipps v. Commissioner, supra at 468; Penn-Dixie Steel Corp. v. Commissioner, 69 T.C. 837, 846 (1978); Rockwell Inn, Ltd. v. Commissioner, T.C. Memo. 1993-158. Moreover, substantial compliance cannot be applied if to do so would defeat the policies of the underlying statutory provisions. See Sawyer v. County of Sonoma, supra at 1008. We have examined the specific requirements of section 2518(b) to determine whether they relate to the substance or essence of the statutory and regulatory scheme. See Young v. Commissioner, supra at 838; Tipps v. Commissioner, supra. We have also examined the legislative history of section 2518. See, e.g., Cary v. Commissioner, 41 T.C. 214, 218-219 (1963); Taylor v. Commissioner, supra at 1078; see also United States v. St. Regis Paper Co., 355 F.2d 688, 692 (2d Cir. 1966) ("If a requirement [of a statute] is so essential a part of the plan that the legislative intent would be frustrated by aPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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