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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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