Medical Emergency Care Associates, S.C., An Illinois Corporation - Page 12

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          taxpayer in order for section 530 to apply.  The provision is               
          intended to reverse the IRS position, as stated in the IRS Draft            
          Training Guide”.  Id. at 26.  Respondent argues that given the              
          level of scrutiny Congress gave the area of section 530 relief in           
          1996, Congress would not have left the language of section                  
          530(a)(1)(B) silent as to timeliness if it disagreed with                   
          respondent’s position.                                                      
          III.  Analysis                                                              
               As to the thrust of “timeliness” in the context of section             
          530, we conclude, for reasons hereinafter stated, that both                 
          parties are off the mark.  Petitioner unconvincingly argues that            
          because of the remedial nature of section 530, the Code-wide                
          pervasiveness of a timely filing requirement must give way to the           
          greater good of section 530 liberality.  Respondent’s position              
          that denial of section 530 relief may be used as a (totally                 
          disproportionate) penalty for petitioner’s offense of late filing           
          is likewise unconvincing in light of the fact that the Internal             
          Revenue Code contains a specific regime for dealing with the                
          consequences of late filing of information returns--which                   
          respondent has apparently decided not to invoke. (See discussion            
          infra.)  We agree with petitioner that its late filing of the               
          information returns does not prevent it from satisfying the                 
          filing requirement of section 530(a)(1)(B).  The plain language             
          of section 530(a)(1)(B) denies relief only if the required filing           

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