- 11 - Validity of Notice of Deficiency Section 6213 does not specify the form or the content of a notice of deficiency. “[T]he notice is only to advise the person who is to pay the deficiency that the Commissioner means to assess him; anything that does this unequivocally is good enough.” Olsen v. Helvering, 88 F.2d 650, 651 (2d Cir. 1937). An error in a notice of deficiency does not necessarily invalidate the notice. Anderten v. Commissioner, T.C. Memo. 1993-2. In cases where the error involves the taxable year shown on the notice of deficiency, a deficiency notice must indicate the taxable period involved or provide sufficient information such that the taxpayer reasonably could not be misled as to the taxable period involved. Commissioner v. Forest Glen Creamery Co., 98 F.2d 968, 971 (7th Cir. 1938), revg. and remanding 33 B.T.A. 564 (1935); Peoplefeeders, Inc. & Subs. v. Commissioner, T.C. Memo. 1999-36; Fernandez v. Commissioner, T.C. Memo. 1979-476; Smith v. Commissioner, T.C. Memo. 1979-16; see also Anderten v. Commissioner, supra; Erickson v. Commissioner, T.C. Memo. 1991-97. In determining whether the notice of deficiency is valid despite the error, we look at the notice of deficiency, with attachments, as well as the circumstances surrounding its issuance and receipt. Erickson v. Commissioner, supra; Smith v. Commissioner, supra. So, taking the entire document intoPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007