Deborah A. Cole - Page 14

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          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 the                




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