- 4 - 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.]Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011