Michael E. Nestor - Page 21




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          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 United            




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