- 2 - the taxable years 1984 and 1985. This case is presently before the Court on respondent’s motion for judgment on the pleadings, filed pursuant to Rule 120. Because we have considered matters outside of the pleadings, we shall treat respondent’s motion as one for summary judgment pursuant to Rule 121. See Rule 120(b). As discussed in detail below, we hold that there is no dispute as to any material fact, and we shall enter decision for respondent. However, under the circumstances presented, we shall enter decision on the narrow ground that petitioner filed his claim for administrative costs with respondent before respondent mailed to petitioner a final decision regarding petitioner’s tax liabilities for 1984 and 1985. See sec. 7430(b)(4). Background In 1985, respondent issued a notice of deficiency to petitioner determining deficiencies in, and additions to, his income taxes for 1982 and 1983. Thereafter, in March 1988, respondent issued a notice of deficiency to petitioner determining deficiencies in, and additions to, his Federal income taxes for 1984 and 1985. Petitioner filed with the Court a petition for redetermination in respect of the notice of deficiency for 1982 and 1983, which petition was assigned docket No. 43255-85. See sec. 6213(a). In contrast, petitioner did not file with thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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