James A. Rochelle - Page 20





                                       - 20 -                                         
          Trained Drafter, at 3 (1989).2                                              
               I would hold that section 3463(a) of the 1998 Act requires             
          the Commissioner to state on the notice of deficiency what is the           
          last date for petitioning this Court; and that the statutory                
          language is not merely directory, that “shall” is not here the              
          functional equivalent of “may”.                                             
                                     II.  “Each”                                      
               Section 3463(a)of the 1998 Act requires the Commissioner to            
          state this information on “each notice of deficiency”.                      
               As the majority’s opinion notes, the Congress concluded that           
          some taxpayers need assistance in determining the deadline for              
          filing a timely petition.  However, the enacted statutory                   
          language and legislative history do not indicate that the                   
          Commissioner is obligated to provide the required assistance only           
          to those who need it, or who might reasonably be expected to need           
          it.  Rather, the Congress imposed the statutory obligation with             


               2The House Legislative Counsel’s Office’s style manual                 
          instructs legislative drafters as follows:                                  
                    (4) Use same word over and over.--If you have                     
               found the right word, don’t be afraid to use it again                  
               and again.  In other words, don’t show your pedantry by                
               an ostentatious parade of synonyms.  Your English                      
               teacher may be disappointed, but the courts and others                 
               who are straining to find your meaning will bless you.                 
                    (5) Avoid utraquistic subterfuges.--Do not use the                
               same word in 2 different ways in the same draft (unless                
               you give the reader clear warning).                                    





Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  Next

Last modified: May 25, 2011