Edward K. & Susie Y. Wong - Page 7




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          delegate and the taxpayer (or the taxpayer's representative).               
          Rev. Proc. 98-54, 1998-43 I.R.B. 7.  This revenue procedure also            
          states that the Service will not rescind a notice of deficiency             
          when the 90-day period has expired without the taxpayer’s filing            
          a petition with the Court.                                                  
               Petitioners in the present case never filed a Form 8626.               
          They argue that the January 19, 1999, letter written by their               
          accountant to respondent provides their consent to the                      
          rescission.  The letter lacks the signature of the Commissioner's           
          delegate.  In their opposition to respondent's motion to dismiss,           
          petitioners argue that because respondent did not reply to this             
          letter, the statements are deemed admitted, thereby causing a               
          rescission of the notice of deficiency.  Petitioners have no                
          valid legal basis for this contention.                                      
               It is difficult for us to understand how petitioners could             
          honestly believe there was a rescission, because respondent                 
          repeatedly notified petitioners on all correspondence that                  
          subsequent discussions or findings would not have any effect on             
          the 90-day period in which petitioners could petition for a                 
          redetermination.  Even if petitioners actually believed there was           
          a rescission, "the rescission of a notice of deficiency is not a            
          function of the taxpayer's subjective belief.  Rather, the                  
          rescission of a notice of deficiency requires mutual consent by             
          the Commissioner and the taxpayer, and such mutual consent must             






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