Jose A. Salazar - Page 7




                                        - 7 -                                         
          decision within the meaning of section 7430(b)(4) inasmuch as               
          respondent maintained that petitioner’s case involved a                     
          collection matter ineligible for an award of reasonable                     
          administrative costs.  See sec. 301.7430-3(a) and (b), Proced. &            
          Admin. Regs.5                                                               
               During the hearing, counsel for petitioner stated that he              
          was uncertain whether respondent had issued a final decision                
          (within the meaning of section 7430(b)(4)) to petitioner for 1984           
          and 1985, and that the reference to respondent’s March 19, 1998,            
          letter was included in the petition because such letter was the             
          only communication that petitioner received from respondent that            
          arguably constituted a final decision.                                      
          Discussion                                                                  
               1.  Jurisdiction                                                       
               The Court’s jurisdiction under section 7430 normally is                
          dependent upon the filing of a petition within 90 days after the            
          Commissioner issues a decision granting or denying (in whole or             
          in part) a taxpayer’s application for an award of reasonable                
          administrative costs.  Sec. 7430(f)(2).  However, where the                 
          Commissioner fails to issue a decision within 6 months of the               
          filing of such an application, a taxpayer may file a petition               



               5  We note that respondent’s motion to dismiss for lack of             
          jurisdiction filed in docket No. 3806-01 includes an allegation             
          that respondent’s letter dated Mar. 19, 1998, does not constitute           
          a final decision within the meaning of sec. 7430(b)(4).                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011