James A. Rochelle - Page 17





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          the impression that the late filing of his petition was a product           
          of his conscious resolve to test the validity of the notice, or             
          even to allege that he was confused by the notice, I don’t                  
          believe he’s entitled to a ticket of admission to the Tax Court.            
          I’m therefore comfortable in making our usual comment that he’s             
          not without a remedy--he can pay the deficiency, and claim and              
          sue for a refund, see, e.g., Zimmerman v. Commissioner, 105 T.C.            
          220, 226 n. 4 (1995) (citing McCormick v. Commissioner, 55 T.C.             
          138, 142 (1970)).  In any event, attorneys, who are                         
          professionally charged with the responsibility generally of                 
          counting days for statute of limitations purposes–-not just in              
          tax cases--should be held to a higher standard than other pro se            
          petitioners.  Cf. Rendina v. Commissioner, T.C. Memo. 1996-392;             
          Sisson v. Commissioner, T.C. Memo. 1994-545; deRochemont v.                 
          Commissioner, T.C. Memo. 1991-600, citing Whitaker v.                       
          Commissioner, T.C. Memo. 1988-418 (citing Fihe v. Commissioner,             
          265 F.2d 511, 513 (9th Cir. 1958), affg. a Memorandum Opinion of            
          this Court)).                                                               
               All this leaves for another day the question of what to do             
          with the case of a late filing pro se lay petitioner, who might             
          be suffering from cognitive deficit, dyscalculia, or other                  
          disability.  The resulting residual uncertainty about what we               
          would do in such a case should help to stiffen the Commissioner’s           
          resolve to achieve 100-percent compliance in the future.                    






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