- 6 - jurisdiction because the petition was not filed within the time provided by sections 6213(a) and 7502. In contrast, petitioners contend that the notice of deficiency was rescinded and supplanted by the revised examination report dated June 4, 1997, and that their petition was timely filed when measured from the date of mailing of such report. Petitioners' contention that the notice of deficiency was rescinded is similar to an argument that the Court considered and rejected in Slattery v. Commissioner, T.C. Memo. 1995-274. In Slattery, we declined to find that the notice of deficiency had been rescinded as follows: We now turn to the question of whether the notice of deficiency was rescinded. Section 6212(d) provides that the Secretary may, with the consent of the taxpayer, rescind any notice of deficiency mailed to the taxpayer. Clearly, the statute requires mutual consent by the Secretary and the taxpayer to effect a rescission of a notice of deficiency.4 We know of no authority deeming a notice of deficiency rescinded in absence of a formal rescission. While the facts presented herein may suggest that respondent considered a rescission, she did not consent to a rescission. Returning a case file from the 90-day section of respondent's office to the examination division for purposes of a conference is not tantamount to a rescission, even though the conference, due to miscommunication, was eventually scheduled for a date subsequent to the running of the 90-day period. Accordingly, we conclude that the notice of deficiency involved herein was not rescinded pursuant to section 6212(d). _________________ 4 The Internal Revenue Service has provided guidance to taxpayers wishing to consent to the rescission of a notice of deficiency. See Rev. Proc. 88-17, 1988-1 C.B. 692. This revenue procedure requires the taxpayer to request Form 8626, AgreementPage: Previous 1 2 3 4 5 6 7 8 9 Next
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