David Bruce Billings - Page 55

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          deficiency and any additions to tax or penalties for which the              
          Service alleges the taxpayer is liable.                                     
               The 30-day letter gives the taxpayer an opportunity to                 
          dispute the Service’s asserted tax deficiency administratively              
          and to contest the proposed imposition of any addition to tax or            
          penalty.  The Commissioner usually will issue a notice of                   
          deficiency after the administrative appeal process has been                 
          completed and the case is unagreed, or after the time limit for             
          pursuing an administrative appeal has expired without taxpayer              
          action, or if the expiration of the period of limitations for               
          assessment is about to expire.  A taxpayer who agrees to the                
          proposed deficiency or who voluntarily files an amended return              
          reflecting the proposed deficiency ordinarily does not receive a            
          notice of deficiency.                                                       
               With this background in mind, we must turn to the actual               
          language of section 6015(e)(1) as amended.  Although Congress is            
          well aware of the words it has used in other sections of the                
          Internal Revenue Code (the Code) to reflect that the Commissioner           
          has determined a deficiency and issued a notice of deficiency,              
          see sec. 6212(a), the words used by Congress in section                     
          6015(e)(1) as amended do not contain any reference to a                     
          determination of a deficiency by the Commissioner.  Section                 
          6015(e)(1) refers only to “an individual against whom a                     
          deficiency has been asserted”.  It does not require that the                





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