- 28 - pursuant to section 301.6231(a)(7)-1(l)(1)(iv), Proced. & Admin. Regs. While this Court and Court of Appeals for the Ninth Circuit have interpreted the interaction of section 6231(c) and section 301.6231(c)-5T, Temporary Proced. & Admin. Regs., supra, in Phillips v. Commissioner, 114 T.C. 115 (2000), affd. 272 F.3d 1172 (9th Cir. 2001), petitioner contends that his argument is distinguishable, and, therefore, Phillips does not control. The taxpayer in Phillips argued that section 301.6231(c)-5T, Temporary Proced. & Admin. Regs., supra, was invalid and/or that the Commissioner abused his discretion by not issuing the notice. However, while acknowledging that the statute and regulation were held valid in Phillips, petitioner argues that the regulation contains language requiring the Commissioner to send notice at the commencement of a criminal investigation. He asserts that the Commissioner has no discretion in sending the notice, and failure to do so is an error in performing a ministerial act. He further attempts to distinguish his case from Phillips by asserting that abuse of discretion concerning the regulation is not an issue in the instant case. In sum, petitioner asserts that the language of section 6231(c) and section 301.6231(c)-5T, Temporary Proced. & Admin. Regs., supra, taken together, required respondent to notify Jay Hoyt that his partnership items would be treated asPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011