- 7 - to Rescind Notice of Deficiency, which becomes effective when executed on behalf of the Commissioner. Although petitioners in the present case may have believed that the notice of deficiency had been rescinded, the rescission of a notice of deficiency is not a function of the taxpayer's subjective belief. Rather, the rescission of a notice of deficiency requires mutual consent by the Commissioner and the taxpayer, and such mutual consent must be objectively apparent. In the present case, there is no objective manifestation of mutual consent by respondent and petitioners to rescind the notice of deficiency. In fact, there is no evidence that respondent ever contemplated the rescission of such notice. Further consideration of a taxpayer's case after the mailing of the notice of deficiency, coupled with respondent's concession of a portion of the previously determined deficiency, does not result in the rescission of the notice of deficiency.3 Hesse v. Commissioner, T.C. Memo. 1997-333; Mullings v. Commissioner, T.C. Memo. 1997-114; Slattery v. Commissioner, supra. Accordingly, we hold that the notice of deficiency was not rescinded pursuant to section 6212(d). 3 Although Rev. Proc. 88-17, sec. 3.04(2), 1988-1 C.B. 692, 693, states that the Commissioner may (with the taxpayer's consent) agree to rescind a notice of deficiency "If the taxpayer submits information establishing the actual tax due to be less than the amount shown in the notice", the revenue procedure is permissive rather than mandatory and does not alter our holding in this case.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011