- 31 - 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31
Last modified: May 25, 2011