- 9 - Office notice of decision to the taxpayer or a notice of deficiency as required under section 7430(c)(2). In so holding, we rejected the taxpayer’s argument that it was unfair to apply the flush language of section 7430(c)(2) literally where the Commissioner admittedly erred in failing to issue a notice of deficiency to the taxpayer before the disputed assessments. Further, after reviewing the legislative history underlying the TAMRA amendments, we concluded that Congress intended that the flush language of section 7430(c)(2) protect the Commissioner from claims by taxpayers that positions taken by the Examination and Collection Divisions of the Internal Revenue Service, before administrative review, were not substantially justified.4 Consistent with the plain language of section 7430(c)(2), as well as the precept that a waiver of sovereign immunity is to be strictly construed in favor of the sovereign, see Department of the Army v. Blue Fox, Inc., 525 U.S. at ___, 119 S. Ct. at 691, we hold that petitioners have failed to state a claim for relief.5 In sum, because respondent has not issued either an Appeals Office notice of decision or a notice of deficiency to 4 The facts in Ball v. Commissioner, T.C. Memo. 1995-520, are substantially similar to those presented in this case, and we are satisfied that the Court’s analysis in Ball is correct. 5 Because our holding is based on the plain language of sec. 7430, specifically the flush language of sec. 7430(c)(2), we need not consider petitioners’ contention that sec. 301.7430- 3(a)(4), Proced. & Admin. Regs., is invalid.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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