- 10 - Finally, petitioner has cited no authority that a notice of deficiency can be withdrawn. The Internal Revenue Code allows for a notice of deficiency to be rescinded in certain limited circumstances. See sec. 6212(d). None of the circumstances apply in this case. III. Presumption of Correctness We often state as a general rule that the Commissioner’s determination set forth in a notice of deficiency is presumed correct. E.g., Rozzano v. Commissioner, T.C. Memo. 2007-177. On brief, petitioner argues that the usual presumption of correctness is overcome in this case because “the evidence is unmistakably clear; the purported Notice of Deficiency was ‘processed in error’”. Petitioner cites no authority in support of that argument; moreover, petitioner’s claim is fatally weakened by the same interpretive difficulty concerning the “processed in error” language that undermines his claim that the notice was withdrawn. Petitioner has failed to show that the usual presumption does not attach to the determinations in the notice. IV. Additions to Tax A. Section 6651(a)(1) Section 6651(a)(1) provides for an addition to tax in the event a taxpayer fails to file a timely return (determined with regard to any extension of time for filing), unless it is shownPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007