- 9 - A fair and equitable resolution of this case should put the taxpayer in the position she would have been if the deficiency notice had not been mailed. Accordingly, we submit costs and attorney fees in the amount $1,022.50 should be paid by the Service to make the taxpayer whole and that amount should be reflected in the decision documents you are in the process of repairing. On March 13, 2000, district counsel received from Mr. Gardner executed copies of the form of decision, which had been revised to eliminate the stipulation regarding attorney’s fees. Respondent in turn executed the form of decision, as revised, and submitted it to the Court. On March 30, 2000, the Court executed the document and entered decision (the Decision) pursuant to the parties’ apparent agreement. On April 27, 2000, petitioner filed a Motion For An Award Of Reasonable Administrative & Litigation Costs (petitioner’s motion for costs), requesting an award in the amount of $2,039.25. The Court then vacated the Decision and filed it instead as a stipulation of settlement between the parties. See Rules 231(c) and 232(f). On June 19, 2000, respondent filed a Response to petitioner’s motion for costs (respondent’s Response). In the Response, respondent alleges that his position in the proceedings was reasonable and disputes petitioner’s allegations that (1) petitioner did not unreasonably protract the proceedings and (2) the amount of costs requested was reasonable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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