Veterinary Surgical Consultants, P.C. - Page 25




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          opinion.  See McWilliams v. Commissioner, 104 T.C. 320, 327                 
          (1995); Groetzinger v. Commissioner, 87 T.C. 533, 548 (1986).               
               Furthermore, even if petitioner’s allegations might be read            
          as a plea encompassing other remedies, petitioner has failed to             
          show that its situation satisfies the prerequisites for relief              
          under the Due Process Clause.  As this Court has noted, even in a           
          criminal context defendants are generally required to establish             
          actual prejudice in order to obtain due process relief.  Riland             
          v. Commissioner, 79 T.C. 185, 197-198 (1982) (involving a claimed           
          denial of due process on account of delay in issuance of the                
          subject deficiency notice).  The record in the instant case is              
          devoid of evidence of such prejudice.  Although petitioner was              
          made aware of Section 530 at least prior to filing its petition             
          with the Court, petitioner failed therein to raise the statute.             
          Nonetheless, petitioner was subsequently granted leave to file an           
          amended petition specifically to place at issue its right to                
          relief under Section 530.  The matter (of substantive relief                
          under Section 530(a), not, as previously noted, of a due process            
          violation based on Section 530(e)(1) notice procedures) therefore           
          was properly before the Court at trial, and petitioner was                  
          afforded an opportunity to be heard.  Accordingly, no actual                
          prejudice was sustained.                                                    
               The above analysis is consistent with our recent                       
          jurisprudence on the notice provision contained in section                  






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