- 21 - States, 37 Fed. Cl. 448, 477 (1997) (“The standard of review for the denial of a procedural right at the agency level, even one that is statutory, is harmless error.” (Emphasis added.)). The reviewing court must consider whether deviation from the requirements of the statute would affect the interests that the statute is designed to protect and must take into account the general principle that public rights should not be prejudiced because of immaterial errors on the part of public servants. Intercargo Ins. Co. v. United States, 83 F.3d 391, 395 (Fed. Cir. 1996) (citing Brock v. Pierce County, 476 U.S. 253, 260 (1986), in which the Court said: “We would be most reluctant to conclude that every failure of an agency to observe a procedural requirement voids subsequent agency action, especially when important public rights are at stake.”). III. Discussion Section 6203 provides that, on request of the taxpayer, the Secretary shall furnish the taxpayer a copy of the record of assessment. Section 6203 does not provide any remedy for the Secretary’s failure to comply. In United States v. James Daniel Good Real Prop., 510 U.S. 43, 63 (1993), in connection with agency disregard of statutorily imposed timing requirements, the Supreme Court stated: “We have held that if a statute does not specify a consequence for noncompliance with statutory timing provisions, the federal courts will not in the ordinary course impose their own coercive sanction.” The Court relied on UnitedPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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