- 4 - Petitioners filed a response to respondent's response which states in pertinent part as follows: Petitioners were informed by I.R.S. Auditor that additional information received late was being considered and processed. This action by the I.R.S. Auditor constitutes an implied extension on the part of the Respondent. Petitioners would not have any way of knowing what if any deduction had to be petitioned to the Court until a final decision was rendered by the Auditor. * * * A hearing was conducted at the Court's motions session in Washington, D.C. Petitioner Gregory Powell and counsel for respondent appeared at the hearing and presented argument respecting respondent's motion to dismiss. During the hearing, Mr. Powell conceded that the revised examination report was mailed to him without a cover letter and that he did not otherwise discuss the continuing validity of the April 28, 1997, notice of deficiency with respondent's agent. There is no evidence in the record that petitioners ever requested Form 8626 (Agreement to Rescind Notice of Deficiency) from respondent or that respondent's agents ever proffered Form 8626 to petitioners. Discussion The Court's jurisdiction to redetermine a deficiency depends upon the issuance of a valid notice of deficiency and a timely filed petition. Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. & Normac Intl. v. Commissioner, 90 T.C. 142, 147 (1988). Section 6212(a) expressly authorizes the Commissioner, after determining a deficiency, to send a notice ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011