- 32 - regulatory requirements in dispute are procedural and respondent was not prejudiced by the omissions, the Court may determine that the regulatory requirements have been fulfilled. On numerous occasions we have discussed the necessity of literal compliance with the procedural requirements in Treasury regulations on making elections, such as “place of filing” requirements. See, e.g., Hewlett-Packard Co. v. Commissioner, 67 T.C. 736, 748 (1977), in which we said: “Repeatedly this Court has held elections effective where the taxpayer complied with the essential requirements of a regulation even though the taxpayer failed to comply with certain procedural directions therein.” In Taylor v. Commissioner, 67 T.C. 1071, 1077 (1977), we said: The critical question to be answered is whether the requirements relate to the substance or essence of the statute. If so, strict adherence to all statutory and regulatory requirements is a precondition to an effective election. On the other hand, if the requirements are procedural or directory in that they are not the essence of the thing to be done but are given with a view to orderly conduct of business, they may be fulfilled by substantial, if not strict, compliance. [Internal quotation marks and citations omitted.] We are not dealing here with an election, yet the situation is analogous, and the same considerations apply. The service center filing specification is not required by the statutory provision providing for an extension by agreement of the 3-year period. See sec. 6229(b). We find that the filingPage: 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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