Part III. Administrative, Procedural, and Miscellaneous

.01 Section 3.05(1) of Rev. Proc. 88–17 provides, in part, that the Service will not rescind a notice of deficiency if, on the date of rescission, the period of limitations on assessment would have expired but for the issuance of the notice of deficiency. This provision is deleted as a result of the 1988 amendment to § 6212(d), which clarifies that a notice of deficiency that is subsequently rescinded suspends the period of limitations until the date of its rescission. See section 4.05(1) of this revenue procedure. .02 Section 3.05(4) of Rev. Proc. 88– 17 provides that the Service will not rescind a notice of deficiency if, prior to the issuance of the notice of deficiency, the taxpayer and the Service have executed a Form 872–A, Special Consent to Extend the Time to Assess Tax, covering any of the tax years in the notice of deficiency. This provision is modified to permit rescission, provided the taxpayer and the Service execute another Form 872–A prior to rescission). See section 4.05(4) of this revenue procedure.

.03 Section 4.03 of Rev. Proc. 88–17 is clarified to provide that the Service may initiate rescission of a notice of deficiency). See section 5.03 of this revenue procedure.

.04 In lieu of using a Form 8626, Agreement to Rescind Notice of Deficiency, the use of an alternative document is authorized for rescission of a notice of deficiency). See section 5.06 of this revenue procedure.