Loopholes > Federal > Rescission of Notice of Deficiency
DEDUCTION MEDIUM SAVINGS INDIVIDUAL|BUSINESS|INVESTOR|ESTATE

Rescission of Notice of Deficiency

IRC §6212(d)

Taxpayers can request that the Secretary rescind a notice of deficiency with their consent. Once rescinded, the notice is treated as if it never existed, allowing the taxpayer and the IRS to continue administrative resolution without being forced into Tax Court.

Eligibility

Requires mutual consent between the taxpayer and the Secretary; typically used to correct administrative errors or when the taxpayer has provided new information that resolves the deficiency.

Frequently Asked Questions

Who is eligible for the Rescission of Notice of Deficiency?

Requires mutual consent between the taxpayer and the Secretary; typically used to correct administrative errors or when the taxpayer has provided new information that resolves the deficiency.

How does the Rescission of Notice of Deficiency work?

Taxpayers can request that the Secretary rescind a notice of deficiency with their consent. Once rescinded, the notice is treated as if it never existed, allowing the taxpayer and the IRS to continue administrative resolution without being forced into Tax Court.

What law authorizes the Rescission of Notice of Deficiency?

The Rescission of Notice of Deficiency is authorized under IRC §6212(d) of the Internal Revenue Code (Title 26, United States Code).

Statutory Text — IRC §6212

Source: Internal Revenue Code, Title 26, United States Code

§ 6212. Notice of deficiency(a) In generalIf the Secretary determines that there is a deficiency in respect of any tax imposed by subtitles A or B or chapter 41, 42, 43, or 44 he is authorized to send notice of such deficiency to the taxpayer by certified mail or registered mail. Such notice shall include a notice to the taxpayer of the taxpayer’s right to contact a local office of the taxpayer advocate and the location and phone number of the appropriate office. (b) Address for notice of deficiency(1) Income and gift taxes and certain excise taxesIn the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by subtitle A, chapter 12, chapter 41, chapter 42, chapter 43, or chapter 44 if mailed to the taxpayer at his last known address, shall be sufficient for purposes of subtitle A, chapter 12, chapter 41, chapter 42, chapter 43, chapter 44, and this chapter even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence. (2) Joint income tax returnIn the case of a joint income tax return filed by husband and wife, such notice of deficiency may be a single joint notice, except that if the Secretary has been notified by either spouse that separate residences have been established, then, in lieu of the single joint notice, a duplicate original of the joint notice shall be sent by certified mail or registered mail to each spouse at his last known address. (3) Estate taxIn the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by chapter 11, if addressed in the name of the decedent or other person subject to liability and mailed to his last known address, shall be sufficient for purposes of chapter 11 and of this chapter.

Showing first 3,000 characters of full section text.