- 9 - statute,” id. at 943, but reasoned that Just as clearly, however, Plaintiff’s course of action comported with the obvious intent of the statute-- namely, to provide only a limited window of opportunity to cure a mistaken filing with the wrong court. Presumably, Plaintiff had no argument to offer against the IRS’s contention that the Tax Court lacked jurisdiction over her appeal. No statutory purpose would have been advanced if Plaintiff had awaited a formal Tax Court ruling on this point before commencing this action. Id. We believe, however, that the Andres’ case is not enough like FirsTier or Render. Even setting to one side the question, addressed by neither party, of whether the Commissioner’s regulations--so clear on this point--can trump a mere rule of construction, we note that both the Supreme Court in FirsTier and the District Court in Render carefully described a key reason for allowing the premature filings in those cases to be effective: lack of prejudice to the other party. See FirsTier, 498 U.S. at 273 (“certain premature notices do not prejudice the appellee”); Render, 309 F. Supp. 2d at 944 (premature filing of complaint “caused no conceivable prejudice to the opposing party”). Allowing premature CDP requests to be effective, in contrast, would cause prejudice to the Commissioner. The IRS is a bulk-processing organization that sends and receives hundreds of millions of notices and returns each year. If the system is to work, almost all of those notices and returns have to quickly fit into pigeonholes (or their modern-day equivalent, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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