An individual taxpayer receives a notice of deficiency after an IRS examination disallowed significant cash charitable contributions due to lack of written substantiation. The taxpayer wants to continue disputing the liability without paying first. Which step should the taxpayer take next in the appeals process?
- File a timely petition with the United States Tax Court within the statutory period stated in the notice of deficiency (correct answer)
- Send additional receipts to the IRS service center and assume the notice of deficiency is automatically withdrawn
- File a claim for refund before paying any tax and request an immediate refund suit
- Request an Appeals conference using the 30-day letter procedures, because a notice of deficiency is not appealable
Explanation: The process being tested is disputing a notice of deficiency via Tax Court petition under IRC Section 6213(a), allowing pre-payment challenge. Key facts are disallowance for unsubstantiated contributions, desire to dispute without paying. Choice A aligns with regulations by filing a timely petition, preserving jurisdiction per Publication 556. Choice B is incorrect as additional docs do not withdraw deficiencies; Choice C is wrong because refund suits require payment first; Choice D is improper since deficiencies are petitionable, not 30-day letters. A framework is to petition within 90 days with facts. Professionals should evaluate litigation merits post-examination.