- 4 - Section 6201(a) gives the Commissioner broad authority to assess and collect taxes. That authority is restricted, however, by the general requirement that, with respect to certain types of tax, a notice of deficiency must first be sent to the taxpayer before assessment and/or collection of the tax. Sec. 6213(a). Upon issuance of a notice of deficiency, a taxpayer may challenge the correctness of the deficiency determination in this Court by filing a petition within a specified period of time. Id. If a petition is timely filed, the Commissioner is precluded from assessing or collecting the tax deficiency until the Tax Court’s decision is final. Id. These procedures ensure that a deficiency cannot be assessed and/or collected without petitioners' being provided an opportunity to show respondent to be in error. Because petitioners filed a petition in this case, the deficiency amount cannot be assessed or collected until our decision is final. Though petitioners contend that respondent improperly assessed their tax, there is no evidence that respondent failed to comply with the deficiency procedure or improperly assessed any tax. No assessment has been made concerning respondent’s determination for the 1993 tax year. Petitioners, although given the opportunity to dispute the correctness of the deficiency and penalty, have chosen to present no substantive evidence regarding respondent's determination for the 1993 tax year. We accordinglyPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011