James A. Rochelle - Page 31





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          period by the IRS”, the report does not require a taxpayer to               
          establish detrimental reliance.                                             
               Moreover, I believe the IRS provided misleading information            
          to petitioner.  While the text of the notice states that “you               
          have 90 days from the above mailing date of this letter * * * to            
          file a petition”, the space in the upper right corner of the                
          notice, entitled “Last Day to File a Petition With the United               
          States Tax Court”, is blank.  This notice is more confusing than            
          notices issued under prior law and creates the type of confusion            
          that Congress intended to remedy.                                           
               The IRS made a mistake and did not follow the congressional            
          mandate, and, as a result, the petition should, pursuant to                 
          section 6213(a), be treated as timely filed.  The majority’s                
          holding is contrary to the statute and legislative history.  In             
          essence, it allows the IRS to circumvent the congressional                  
          mandate.  That is an unreasonable interpretation of the statute.            
          Accordingly, I respectfully dissent.                                        
               COLVIN, J., agrees with this dissenting opinion.                       
















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