- 48 - only return he filed and is prohibited from using such return to calculate the penalty. Majority op. p. 29. If Evans Cooperage is to be cited for anything, it should be cited for the proposition that the Court is obligated to follow the statute. Indeed, in response to one of petitioner’s contentions, the court stated: It may be inequitable * * * to assess a penalty for underpayment of estimated tax, that is based upon the originally mistaken figure of income for the year, rather than upon the actual income for the year as ultimately determined. However, Congress unambiguously has provided otherwise, and the provision, if indeed inequitable, is for Congress to amend, not the courts. [Evans Cooperage Co. v. United States, supra at 205; fn. ref. omitted and emphasis added.] Similarly, we are required to follow statutory mandates and address, rather, than “disregard”, salient facts. If there is a perceived problem with the statute, Congress must address the matter. LARO and MARVEL, JJ., agree with this dissenting opinion.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
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