Casey A. Roginiel - Page 5




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          information on or about December 20, 2000, Mr. Peterson                     
          determined that petitioner was entitled to the head of household            
          filing status, the two dependency exemptions, and the earned                
          income credit.  Respondent informed petitioner’s counsel that no            
          concession for attorney’s fees and costs would be made.                     
               On or about September 7, 2001, respondent sent petitioner’s            
          counsel a proposed Stipulation Decision conceding all of the tax            
          issues.                                                                     
               Between November 21, 2001, and January 2, 2002, respondent             
          attempted, via telephone calls and letters, to contact                      
          petitioner’s counsel.  The letters included additional copies of            
          the proposed Stipulation Decision.                                          
               Sometime in January 2002, petitioner’s counsel contacted               
          respondent.  As a result, respondent prepared and mailed a                  
          Stipulation of Agreed Issues to petitioner’s counsel.                       
               On January 28, 2002, at the calendar call of the case,                 
          petitioner filed a Motion for Attorney’s Fees and Costs and the             
          Stipulation of Agreed Issues.                                               
               Section 7430 permits the award of reasonable litigation                
          costs to a taxpayer in an administrative or court proceeding                
          brought against the United States in connection with the                    
          determination of any tax, interest, or penalty under the Internal           
          Revenue Code.  An award of litigation costs may be made where the           
          taxpayer (1) is the “prevailing party”, (2) exhausted available             






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