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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rescinded has been argued before and has been rejected.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authority deeming a notice of deficiency rescinded in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's
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