Phuong K. Nguyen - Page 7




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          The motion was predicated on the ground that respondent’s                   
          district counsel office had not yet received the administrative             
          file pertaining to petitioner’s 1998 return (the administrative             
          file).  On December 16, 1999, petitioner filed an Opposition to             
          respondent’s motion, objecting to a 60-day extension but agreeing           
          to a 30-day extension.  By Order dated December 20, 1999,                   
          respondent’s motion was granted in that the time to file an                 
          answer was extended to January 19, 2000.                                    
               In the meantime, on December 17, 1999, respondent’s district           
          counsel office in Washington, D.C. (district counsel), wrote the            
          following letter to Mr. Gardner:                                            
                    As you are aware, the government filed a motion to                
               extend time to answer the Nguyen case.  As explained in                
               my voice mail to you, I have yet to receive the                        
               administrative file in this case.  A preliminary review                
               of Ms. Nguyen’s account indicates that the Service                     
               accepted her 1998 return sometime in August 1999, and                  
               sent her a refund on September 13, 1999.  It is unclear                
               as to whether or not she was sent a letter advising her                
               that her return was accepted.  I would appreciate your                 
               notifying me if she received such a letter.                            
                    If I find that Ms. Nguyen’s 1998 return has                       
               already been accepted by the Service, I will recommend                 
               that an answer not be filed in this case, but rather a                 
               decision document reflecting no deficiency due from Ms.                
               Nguyen and no overpayment due to her for tax year 1998.                
                    If you have a question, please call me at * * * .                 
               The record suggests that Mr. Gardner did not notify district           
          counsel that petitioner had received the no-change letter.                  
               On January 14, 2000, district counsel received the                     
          administrative file, confirmed the issuance of the no-change                





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