James A. Rochelle - Page 9





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          to respondent’s technical noncompliance with section 3463(a) of             
          RRA 1998 as a means of invalidating the deficiency notice.  As we           
          noted in Smith v. Commissioner, supra at 492, Congress did not              
          specify what consequences were to follow from the Commissioner’s            
          failure to provide the petition date in the notice of deficiency.           
          We conclude that section 3463(a) of RRA 1998 does not require               
          invalidating the notice under the present circumstances.                    
          B.   Timeliness of Petition                                                 
               Petitioner concedes that his petition was filed outside the            
          filing period set forth in the first sentence of section 6213(a).           
          Petitioner nonetheless contends that his petition is rendered               
          timely by the operation of the last sentence of section 6213(a),            
          added by section 3463(b) of RRA 1998.  As amended, section                  
          6213(a) reads in pertinent part as follows:                                 
                    SEC. 6213(a).  Time for Filing Petition and                       
               Restriction on Assessment.–-Within 90 days, or 150 days                
               if the notice is addressed to a person outside the                     
               United States, after the notice of deficiency                          
               authorized in section 6212 is mailed (not counting                     
               Saturday, Sunday, or a legal holiday in the District of                
               Columbia as the last day), the taxpayer may file a                     
               petition with the Tax Court for a redetermination of                   
               the deficiency.  Except as otherwise provided in                       
               section 6851, 6852, or 6861 no assessment of a                         
               deficiency in respect of any tax imposed by subtitle A                 
               or B, chapter 41, 42, 43, or 44 and no levy or                         
               proceeding in court for its collection shall be made,                  
               begun, or prosecuted until such notice has been mailed                 
               to the taxpayer, nor until the expiration of such 90-                  
               day or 150–day period, as the case may be, nor, if a                   
               petition has been filed with the Tax Court, until the                  
               decision of the Tax Court has become final. * * * Any                  
               petition filed with the Tax Court on or before the last                
               date specified for filing such petition by the                         





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