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6213(a) (relating to restrictions applicable to
deficiencies; petition to Tax Court), and section
6512(a) (relating to limitations in case of a petition
to Tax Court), and the taxpayer shall have no right to
file a petition with the Tax Court based on such
notice. Nothing in this subsection shall affect any
suspension of the running of any period of limitations
during any period during which the rescinded notice was
outstanding.
In sum, section 6212(d) authorizes the Commissioner, with the
consent of the taxpayer, to rescind any notice of deficiency
mailed to the taxpayer. If a notice of deficiency is rescinded,
the taxpayer has no right to file a petition with the Court based
on such a notice. The record in this case shows that counsel for
petitioner requested that the notices of deficiency be rescinded
shortly after the notices were issued. Although the record
suggests that respondent's agents were in general agreement that
the notices should be rescinded, counsel for petitioner insisted
that the matter be committed to writing. When no written
rescission of the notices of deficiency was forthcoming, counsel
for petitioner filed a petition with the Court. Moreover, the
day after filing the petition, counsel for petitioner notified
respondent that rescission of the notices of deficiency was
unnecessary because of the filing of the petition.
The rescission of a notice of deficiency requires mutual
consent by the Commissioner and the taxpayer, and such mutual
consent must be objectively apparent. See Powell v.
Commissioner, T.C. Memo. 1998-108. The record in this case
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