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