A notice of deficiency is: Question 10 options: An assessment by the IRS for a tax deficiency. A statutory notice that the IRS always send prior to an assessment. A statutory notice which provides the taxpayer with access to the tax court All of these choices.
A Notice of Deficiency, often referred to as a "90-day letter," serves several important functions in the tax assessment process: 1. **A Statutory Notice Which Provides the Taxpayer with Access to the Tax Court:** The Notice of Deficiency is a formal notice that informs the taxpayer of the IRS's determination of a tax deficiency. It provides the taxpayer with the right to challenge the deficiency in Tax Court before the IRS can make an assessment. The taxpayer has 90 days (or 150 days if the notice is addressed to a person outside the United States) from the date of the notice to file a petition with the Tax Court. 2. **Not an Assessment by the IRS for a Tax Deficiency:** The Notice of Deficiency itself is not an assessment. It is a proposal of additional tax due, and the assessment can only occur after the 90-day period has passed without a Tax Court petition being filed, or after the Tax Court case is resolved. 3. **Not Always Sent Prior to an Assessment:** While the Notice of Deficiency is required before the IRS can assess additional tax in most cases, there are exceptions, such as when a taxpayer waives the right to the notice by agreeing to the assessment (e.g., by signing a Form 870). Given these points, the most accurate statement is: **A statutory notice which provides the taxpayer with access to the tax court.**
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