- 9 - transcript: (1) Code 494, “90 Day Statutory Notice of Deficiency Issued”, processing date: Nov. 16, 2004, and (2) code 495, “90 Day Notice Processed in Error”, processing date: Mar. 14, 2005. Petitioner has failed to provide us with a code book to interpret those entries. Nevertheless, petitioner argues that the purpose of the second entry “is patently clear – the purported notice of deficiency was withdrawn because it was ‘processed in error’”. Respondent argues that petitioner misunderstands the coded entries and their shorthand explanations. Respondent argues: The Transaction Code Pocket Guide, Document 11734 (Rev. 6-2004), more fully describes TC 495 as “Closure of TC 4942 or correction of TC 494 processed in error.” Hence, TC 495 is not used solely to withdraw a notice processed in error. Indeed, IRM sec. 4.19.2.2.15(3)(b) instructs tax examiners to utilize TC 495 to reverse TC 494 prior to routing newly docketed Tax Court cases to the Appeals Function. Thus, the presence of TC 495 does not mean that a notice of deficiency has been withdrawn. 2 Transaction Code 494 denotes the issuance of a notice of deficiency. See Transactions Code Pocket Guide, Document 11734 (Rev. 6-2004). We accept that an IMF contains coded information. Without evidence as to the meaning of that information, however, we are unable to find that the entry petitioner relies on indicates that the notice was withdrawn. Petitioner bears the burden of proof. See Rule 142(a). Petitioner declined to offer any evidence. Petitioner has failed to carry his burden of proving that the notice was withdrawn.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007