Edward K. & Susie Y. Wong - Page 6




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          rescinded has been argued before and has been rejected.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               authority deeming a notice of deficiency rescinded in                  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