James A. Rochelle - Page 24





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          petition; subsection (c) would continue to provide an effective             
          date; but under the majority’s holdings, subsection (a) would not           
          have effect.                                                                
               The majority’s construction “offends the well-settled rule             
          of statutory construction that all parts of a statute, if at all            
          possible, are to be given effect.”  Weinberger v. Hynson,                   
          Westcott & Dunning, 412 U.S. 609, 633 (1973); see Fort Stewart              
          Schools v. F.L.R.A., 860 F.2d 396, 403 (11th Cir. 1988), affd.              
          495 U.S. 641 (1990); Beisler v. Commissioner, 814 F.2d 1304, 1307           
          (9th Cir. 1987), affg. T.C. Memo. 1985-25.                                  
               We can interpret the statute so as to make it “work”, and we           
          can do so without arrogating to this Court the authority to make            
          line-drawing decisions that normally are regarded as being within           
          the province of the Congress.                                               
               Section 3463(a) of the 1998 Act directs the Commissioner to            
          include certain information “on each notice of deficiency under             
          section 6212 of the Internal Revenue Code of 1986”.                         
          Respectfully, I would interpret this Congressional command as an            
          instruction that the Commissioner must comply with in order to              
          have a valid notice of deficiency.  It is simple for the                    
          Commissioner to comply with this Congressional command.  It is              
          simple for a reviewing court (ordinarily, this Court) to                    
          determine whether this congressional command has been complied              








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