- 14 - While petitioner attempted to resolve the matter through correspondence, it was respondent who failed to cooperate. Third, when respondent issued the notice of deficiency, the parties were in the middle of the negotiations process. Respondent had yet to reply to petitioner's letter of April 26, 1994, and petitioner had no reason to believe that the negotiations had reached an impasse. Yet on August 9, 1994, 9 months before the period of limitations was to expire, respondent precipitously issued a notice of deficiency. For the above reasons, we conclude that petitioner did all that was necessary in these circumstances to exhaust her administrative remedies. III. Unreasonable Protraction of Proceedings Section 7430(b)(4) provides that a taxpayer may recover administrative and litigation costs and fees only if she demonstrates that she did not unreasonably protract the administrative and Court proceedings. Respondent argues that petitioner did not provide information regarding the $703.50 check in a timely manner. Consequently, respondent argues that petitioner unreasonably protracted the litigation. We disagree. The issue relating to the $703.50 check was not the last issue settled by the parties. On October 6, 1995, respondent conceded this issue. Yet the issue relating to the $2,427.45 reported by petitioner as miscellaneous income was not settled until October 11, 1995. Thus, any delay attributable to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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