Estate of Theodore J. Chamberlain - Page 32




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          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 a                        







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