Phuong K. Nguyen - Page 19




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               There is no statutory basis for a no-change letter, cf. sec.           
          7121 (authorizing closing agreements that are generally final and           
          conclusive), and we are aware of no case holding that a no-change           
          letter is binding on the Commissioner.  Under the circumstances,            
          we think it was appropriate for petitioner to protect herself               
          from the possibility that the no-change letter might not have               
          represented respondent’s final position, e.g., that the no-change           
          letter might have been issued before internal review was                    
          completed.7  The commencement of an action in this Court offered            
          such protection.                                                            
               Respondent contends that petitioner had a duty to mitigate             
          costs and that she should have requested that the notice of                 
          deficiency be rescinded.  See sec. 6212(d); Hanashiro v.                    
          Commissioner, T.C. Memo. 1999-78; Powell v. Commissioner, T.C.              
          Memo. 1998-108; see also Hesse v. Commissioner, T.C. Memo. 1997-            




               6(...continued)                                                        
               Court, we would appreciate it if you would sign and                    
               return the enclosed waiver form.  This will permit us                  
               to assess the deficiency quickly and will limit the                    
               accumulation of interest.  The enclosed envelope is for                
               your convenience.  If you decide not to sign and return                
               the statement and you do not timely petition the Tax                   
               Court, the law requires us to assess and bill you for                  
               the deficiency after 90 days from the above mailing                    
               date of this letter (150 if this letter is addressed to                
               you outside the United States). [Emphasis added.]                      
               7  We note that the notice of deficiency was issued by the             
          director of respondent’s Atlanta Service Center, whereas the no-            
          change letter was issued by one of the director’s subordinates.             




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