- 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
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