Estate of Edward J. Kunze, Deceased, Carol Ann Hause, Executor - Page 8




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          564, 568 (1979).                                                            
               Petitioner next argues that at the time its cause of action            
          for review of respondent’s denial of interest abatement “began to           
          accrue”, which in petitioner’s view was April 27, 1998, the date            
          of the final determination letter, section 7430(c)(4)(D)                    
          contained an erroneous cross-reference to a nonexistent                     
          subparagraph of subsection 7430(c)(4)(A).  Because of this                  
          erroneous cross-reference, petitioner contends, section                     
          7430(c)(4)(D) did not apply to section 6404(g) (the predecessor             
          of section 6404(i)), or could not have been read by a taxpayer to           
          apply, on the date petitioner’s cause of action began to accrue.            
               Petitioner is correct that section 7430(c)(4) as originally            
          enacted contained an erroneous cross-reference.  As originally              
          enacted on August 5, 1997, section 7430(c)(4)(D) read as follows:           
               (D) Special rules for applying net worth requirement.  In              
               applying the requirements of section 2412(d)(2)(B) of title            
               28, United States Code, for purposes of subparagraph                   
               (A)(iii) of this paragraph * * * [Taxpayer Relief Act of               
               1997, Pub. L. 105-34, sec. 1453, 111 Stat. 788, 1055;                  
               emphasis added.]                                                       
          On August 5, 1997, paragraph (c)(4) of section 7430 contained no            
          such “subparagraph (A)(iii)”.  An earlier version of paragraph              
          (c)(4) of section 7430, prior to its amendment on July 30, 1996,            
          did contain such a reference, reading as follows:                           
               (c) Definitions.                                                       
               For purposes of this section--                                         
                  *       *       *       *       *       *       *                   






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