- 12 - or Collections Division personnel, before issuance of a notice of deficiency or of the decision of Appeals, are not substantially justified. Petitioner contends that the Commissioner, by improperly failing to issue a notice of deficiency before assessing tax in excess of the amount shown on the 1984 and 1985 returns, became liable for an award of administrative costs when the first collection notice was sent to petitioner. We disagree. There is no authority in section 7430(c) to award administrative costs resulting from improper conduct by respondent before one of the two events stated in section 7430(c)(2) occurs. The United States is immune from suit except to the extent that it consents to be sued. United States v. Sherwood, 312 U.S. 584, 586 (1941). Petitioner relies on Huffman v. Commissioner, 978 F.2d 1139, 1148-1149 (9th Cir. 1992), affg. in part, revg. in part and remanding T.C. Memo. 1991-144 and Han v. Commissioner, T.C. Memo. 1993-386. These cases are distinguishable from the instant case because the Commissioner issued a notice of deficiency in both of those cases. Petitioner's argument is similar to that made by the taxpayer in Estate of Gillespie v. Commissioner, 103 T.C. 395, 396-397 (1994). In Estate of Gillespie, respondent issued a 30- day letter but did not issue a notice of deficiency or notice of decision by Appeals. We held that a 30-day letter is not aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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