Jose A. Salazar - Page 10




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               We likewise reject the suggestion made in petitioner’s                 
          objection to respondent’s motion that the notice of final                   
          determination issued to petitioner on September 13, 2000,                   
          constitutes a final decision within the meaning of section                  
          7430(b)(4).  In short, respondent’s final determination pursuant            
          to section 6404 is responsive only to petitioner’s claim for                
          abatement of interest for 1982 and 1983.  The notice of final               
          determination simply does not pertain to petitioner’s request for           
          an award of reasonable litigation costs for 1984 and 1985.                  
               The parties agree that respondent has not issued any other             
          document to petitioner that might constitute a final decision               
          within the meaning of section 7430(b)(4).  Consistent with the              
          preceding discussion, we shall grant respondent’s motion for                
          summary judgment in that we shall enter a decision that                     
          petitioner is not entitled to an award of reasonable                        
          administrative costs for 1984 and 1985 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                
          1985.6  See sec. 7430(b)(4).                                                



               6  By granting respondent’s motion on such narrow ground we            
          leave open the possibility that respondent may yet issue a final            
          decision for 1984 and 1985 that would then permit petitioner to             
          file an application for administrative costs.                               







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