- 21 - timing requirements, those provisions are inapplicable to petitioners’ case. Nothing in DEFRA section 155 indicates that taxpayers are otherwise allowed to cure a failure to comply with the timing requirements. B. Equitable Considerations Petitioners argue that denying them a deduction would be inequitable. Petitioners contend they donated something of value to DALPF and should not be denied a deduction for failing to comply with an arbitrary deadline. We note, first, that we are not a court of equity and do not possess general equitable powers. Stovall v. Commissioner, 101 T.C. 140, 149-150 (1993); Knight v. Commissioner, T.C. Memo. 1998-107. “‘There is no general judicial power to relieve from deadlines fixed by legislatures’”. Dirks v. Commissioner, T.C. Memo. 2004-138 (quoting Prussner v. United States, 896 F.2d 218, 223 (7th Cir. 1990)), affd. 154 Fed. Appx. 614 (9th Cir. 2005). Second, “‘deadlines, like statutes of limitations, necessarily operate harshly and arbitrarily with respect to individuals who fall just on the other side of them’”. Dirks v. Commissioner, supra (quoting United States v. Locke, 471 U.S. 84, 101 (1985)). Nevertheless, “‘The legal system lives on fixed deadlines; their occasional harshness is redeemed by the clarity which they impart to legal obligation.’” Id. (quoting Prussner v. United States, supra at 222).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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