- 10 - 2000-15, sec. 5, should not be applied in a manner which frustrates the legislative intent of section 6015 and the related public law. Accordingly, we hold that the running of the 2-year period set forth in Rev. Proc. 2000-15, sec. 5, was not commenced by the collection activity in May 1999. Respondent’s contrary interpretation of Rev. Proc. 2000-15, sec. 5, is an abuse of discretion.4 In Rochelle v. Commissioner, supra, and Smith v. Commissioner, supra, we upheld the adequacy of notices of deficiency despite their failure to state accurately the Tax Court petition due date where there was no prejudice to the taxpayers as a result of the Commissioner’s failure to follow the public law. The petition due dates in those cases were statutory, not provided by a revenue procedure. Regardless, we specifically stated in Rochelle that “Simply put, this is not a case of taxpayer prejudice which Congress intended to rectify”. Rochelle v. Commissioner, 116 T.C. at 363. Our holding in Smith relied on the lack of prejudice to the taxpayer, stating: “where respondent failed to put the petition date on the notice, and petitioners nevertheless received the notice and filed a petition 4Petitioner also argues that it is inappropriate to have a strict limitations period on sec. 6015(f) because sec. 6015(f) is designed to address inequitable situations. Because of our analysis in this case, it is not necessary for us to reach this argument.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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