- 18 - our analysis of section 301.9100-3(c), Proced. & Admin. Regs., keeping in mind the following policies stated by the Secretary in the preamble to the final regulations: There are two policies that must be balanced in formulating the standards for � 301.9100 relief. The first is the policy of promoting efficient tax administration by providing limited time periods for taxpayers to choose among alternative tax treatments and encouraging prompt tax reporting. The second is the policy of permitting taxpayers that are in reasonable compliance with the tax laws to minimize their tax liability by collecting from them only the amount of tax they would have paid if they had been fully informed and well advised. [T.D. 8742, 1998-1 C.B. 388, 389.11] Section 301.9100-3(a), Proced. & Admin. Regs., provides in pertinent part as follows: � 301.9100-3. Other Extensions–(a) In general.-- * * * Requests for relief subject to this section will be granted when the taxpayer provides the evidence * * * to establish to the satisfaction of the Commissioner 11The Secretary also expressed this view in the preamble to temporary/proposed sec. 301.9100 regulations, T.D. 8680, 1996-2 C.B. 194, which states: “The regulations provide a means by which taxpayers can be in the same position they would have been in had they made their elections in a timely manner.” This view was also endorsed by Annette Smith, Tax Legislative Counsel, in the hearing on temporary/proposed sec. 301.9100 regulations, T.D. 8680, 1996-2 C.B. 194, where she stated: I would agree that the 9100 policy should be to try to put a taxpayer back in the same position they would have been had they made a timely election, and I think that policy’s based on the fact that there can be significant consequences to a taxpayer who’s qualified to make an election and fails to make it timely. [Reprinted in Tax Notes Today, 96 TNT 216-16 (Oct. 30, 1996).]Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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