12 assessment and collection of their deficiencies and contend that the amount described as due in the notice of deficiency is an assessment. We disagree. The notice of deficiency includes a waiver petitioners could have signed if they had wanted to agree to the immediate assessment and collection of any deficiencies. Respondent has made no assessment in this case. Respondent cannot make notice and demand until respondent makes a valid assessment against petitioners, and no assessment may be made during the pendency of this case. We conclude that the notice of deficiency is valid. C. Whether the Notice of Deficiency Is Invalid Because It Does Not Contain an Original Signature in Pen and Ink Petitioners contend that the notice of deficiency is invalid because the deficiency notice does not contain an original signature in pen and ink. Petitioners point out that 8 Appeals, Internal Revenue Manual, section 512, states that the notice is signed in pen and ink, on behalf of the Commissioner, by the approving Appeals officer * * *. Any copies of the statutory notice letter which are used for the originals or duplicate originals should have a handwritten signature and not a facsimile or reproduced signature * * *. Petitioners point out that the notice of deficiency: (a) Was signed by the District Director and not an Appeals officer, (b) was not signed in pen and ink but with a rubber stamp, and (c) was not signed under penalty of perjury, which petitioners contend is required by section 6065. They argue that the notice of deficiency is therefore invalid. We disagree.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011