L.S. Vines - Page 19

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               that the taxpayer acted reasonably and in good faith,                  
               and that the grant of relief will not prejudice the                    
               interests of the Government. [Emphasis added.]                         
          Accordingly, the Commissioner must grant relief if the taxpayer             
          provides evidence establishing to the Commissioner’s satisfaction           
          that two conditions are satisfied:  (1) The taxpayer acted                  
          reasonably and in good faith, and (2) the interests of the                  
          Government will not be prejudiced by granting relief.                       
               In denying petitioner’s request for section 9100 relief,               
          respondent, in Priv. Ltr. Rul. 129057-00, stated the following:             
               Because taxpayer’s request for relief is denied                        
               pursuant to section 301.9100-3(c)(2) for lack of                       
               unusual and compelling circumstances, it is unnecessary                
               for us to consider Taxpayer’s assertion that he acted                  
               reasonably and in good faith under section 301.9100-                   
               3(b), without using hindsight in requesting relief.                    
               * * *[12]                                                              
          Respondent’s contentions in the instant case are consistent with            
          respondent’s conclusions in Priv. Ltr. Rul. 129057-00.  We                  
          disagree with respondent.  We conclude that petitioner acted                
          reasonably and in good faith and that the interests of the                  
          Government are not prejudiced by allowing petitioner to file a              
          late election.                                                              




               12Respondent’s Chief Counsel 9100 File Memo. also states:              
          “It is unnecessary to reach conclusions pertaining to sections              
          301.9100-3(b)(3)(i)-(iii) [whether petitioner acted reasonably              
          and in good faith] due to the taxpayer’s failure to satisfy the             
          requirements under sec. 301.9100-3(c)(2).”                                  





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