-5- collection action. Section 6320 was added to the Code as part of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746, and that act made no amendment to section 7459(d), which finds its roots in section 906(c) of the Revenue Act of 1926, ch. 27, 44 Stat. 107. Nor do we know of any provision in the Code that would require us, upon a dismissal of a collection action filed under section 6320(c), to enter a decision for the Commissioner consistent with the underlying notice of determination. Whereas the relevant legislative history supported our holding in Dorl v. Commissioner, supra, we are unaware of any legislative history that would support a holding contrary to that which we reach herein. Our granting of petitioners’ motion is supported by rule 41(a)(2),5 which we consult given the absence in our Rules of a 5 In relevant part, rule 41 provides: Rule 41. Dismissal of Actions (a) Voluntary Dismissal: Effect Thereof. (1) By Plaintiff; by Stipulation. * * * an action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
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