James A. Rochelle - Page 6





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          Petitioner notes that the Commissioner’s obligation to provide              
          the petition date in the notice of deficiency is described in               
          mandatory terms.  Petitioner argues that respondent’s failure to            
          provide the petition date as required renders the notice invalid.           
               We recently addressed section 3463(a) of RRA 1998 in Smith             
          v. Commissioner, 114 T.C. 489 (2000).  The taxpayer in Smith                
          received a notice of deficiency mailed after December 31, 1998,             
          which failed to specify the last day for filing a timely Tax                
          Court petition.  The taxpayer therein nonetheless filed his                 
          petition within the 90-day period prescribed by section 6213(a).            
          We rejected the taxpayer’s argument that the notice of deficiency           
          was rendered invalid by the Commissioner’s failure to comply with           
          section 3463(a) of RRA 1998.  Instead, we held that where the               
          Commissioner fails to provide the petition date on the notice of            
          deficiency but the taxpayer nonetheless receives the notice and             
          files a timely petition, the notice is valid.  See id. at 492.              
               Unlike the taxpayer in Smith, petitioner did not file his              
          petition within the 90-day period prescribed by section 6213(a).            
          Petitioner therefore argues that our decision in Smith does not             
          foreclose his argument that the notice of deficiency in this case           
          is invalid.  Despite the fact that petitioner filed his petition            
          beyond the statutory period, we hold that the notice in this case           
          is valid.  We explain our reasoning below.                                  






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