Eric E. and Dorothy M. Smith - Page 4




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          While section 3463(a) of the Act does not amend section 6212, or            
          any other provision of the I.R.C., this section of the Act                  
          applies to notices mailed after December 31, 1998, and has the              
          force of law.  See United States Natl. Bank v. Independent Ins.             
          Agents of Am., Inc., 508 U.S. 439, 448 (1993)(stating that an               
          uncodified provision shall have the force of law as long as the             
          provision is in the Statutes at Large).                                     
               Petitioners contend that the failure to include the petition           
          date, pursuant to section 3463(a) of the Act, rendered the notice           
          invalid.  Thus, they contend that the section 6501 period of                
          limitations was not tolled, and as a result, they are not liable            
          for the deficiency or penalty.  Respondent contends that the                
          omission of the petition date was a “technical but harmless                 
          violation” of the Act and the notice was valid because                      
          petitioners received it without prejudicial delay.  Respondent              
          further contends that the notice, pursuant to section 7522(a), is           
          not invalid.  Section 7522 applies to notices of deficiency                 
          described in section 6212, and provides:                                    
                    Any notice to which this section applies shall                    
               describe the basis for, and identify the amounts (if                   
               any) of, the tax due, interest, additional amounts,                    
               additions to the tax, and assessable penalties included                
               in such notice.  An inadequate description under the                   
               preceding sentence shall not invalidate such notice.                   
               [Emphasis added.]                                                      










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