- 6 - (e). In such situations, the deficiency may be assessed and collected against the taxpayer upon notice and demand. Section 6213(d) provides: (d) Waiver of restrictions.-–The taxpayer shall at any time (whether or not a notice of deficiency has been issued) have the right, by a signed notice in writing filed with the Secretary, to waive the restrictions provided in subsection (a) on the assessment and collection of the whole or any part of the deficiency. Section 301.6213-1(d), Proced. & Admin. Regs., provides that, after a waiver has been acted upon by the District Director, and the assessment has been made in accordance with its terms, the waiver cannot be withdrawn, and collection can be undertaken against the taxpayer. In this case, respondent never made an assessment against petitioners for the tax deficiency attributable to the IRA distribution, and, indeed, respondent was prohibited from making an assessment in the absence of a waiver or consent by petitioners. Petitioners never consented to an assessment. If agents of the Internal Revenue Service represented to petitioners that their tax payments included the deficiency arising from the IRA distribution, such representation was in error. It has long been held that respondent is not estopped and cannot be bound by erroneous acts or omissions by agents of the Internal RevenuePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011