- 8 - letter, and informed Mr. Gardner that respondent wished to submit a decision document to the Court reflecting a zero deficiency, in lieu of filing an answer. Mr. Gardner responded by stating that he intended to file a motion for administrative and litigation costs. On January 19, 2000, respondent filed an answer to the petition. In the answer, respondent conceded that there was no deficiency in income tax due from petitioner for the taxable year 1998. Respondent attached a copy of the no-change letter as an exhibit to the answer. Also on January 19, 2000, district counsel sent Mr. Gardner a letter enclosing a form of decision and stipulation (the form of decision) reflecting no deficiency in, and no overpayment of, petitioner’s income tax for 1998. The form of decision included a stipulation that petitioner is not entitled to attorney’s fees under section 7430. That same day, district counsel received a letter from Mr. Gardner stating, in part, as follows: This letter concerns your message that you are in the process of preparing decision documents reflecting no tax deficiency is due. We are delighted that this case can be expeditiously resolved on the merits. Based upon you message it appears that the notice of deficiency should have never been mailed to the taxpayer. Or if the Service subsequently changed its position on this case, it did not legally withdraw the notice of deficiency by executing the proper forms. In either case, the taxpayer incurred unnecessary legal expenses and costs related to the defense of the deficiency notice in the amount of $1,022.50 for which she should be compensated.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011