Phuong K. Nguyen - Page 8




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          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.               





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