- 6 - than 90 days after the issuance of the June 15, 1998, notice of deficiency. In fact, the 90-day period for filing a timely petition with respect to the notice of deficiency dated June 15, 1998, expired on September 14, 1998. The petition was mailed to this Court on April 9, 1999, 298 days after the mailing of the notice of deficiency. A taxpayer’s contention that the notice of deficiency was rescinded has been argued before and has been rejected. Powell v. Commissioner, T.C. Memo. 1998-108; Slattery v. Commissioner, T.C. Memo. 1995-274. In Slattery we stated that: 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the taxpayer to effect a rescission of a notice of deficiency.4 We know of no authority deeming a notice of deficiency rescinded in absence of a formal rescission. 4The Internal Revenue Service has provided guidance to taxpayers wishing to consent to the rescission of a notice of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, Agreement to Rescind Notice of Deficiency, which becomes effective when executed on behalf of the Commissioner. Rev. Proc. 98-54, 1998-43 I.R.B. 7, modifies Rev. Proc. 88- 17 by allowing the use of (in lieu of Form 8626) a document which reflects the agreement by the taxpayer and the Internal Revenue Service to rescind the notice of deficiency. The document will not be effective unless it meets five criteria, one of which is that it contain the signatures of both the Commissioner'sPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011