Thomas Corson - Page 2

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                    Held:  The settlement agreements constituted                      
               binding agreements between P and R; settled all taxable                
               years after 1982 with respect to the partnership; and                  
               converted the partnership items into nonpartnership                    
               items, giving R 1 year in which to assess any income                   
               tax liabilities for taxable years included under the                   
               settlement agreements’ terms.  Held, further,  R                       
               delayed in performing the ministerial act of assessing                 
               P’s 1983 tax liability.  Held further,  R’s position in                
               the answer was not substantially justified.                            
                    Held: P is entitled to an award of reasonable                     
               litigation costs.                                                      

               Thomas Corson, pro se.                                                 
               Matthew J. Bailie, for respondent.                                     

                                       OPINION                                        
               MARVEL, Judge:  This case is before the Court on                       
          petitioner’s motion for reasonable litigation costs filed                   
          pursuant to section 7430 and Rule 231.  Unless otherwise                    
          indicated, all section references are to the Internal Revenue               
          Code in effect at the time petitioner filed the petition, and all           
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.  Petitioner resided in Saratoga, California, when his            
          petition in this case was filed.                                            
               On December 12, 2003, we filed the parties’ stipulation of             
          settled issues,1 and petitioner’s motion for reasonable                     
          litigation costs.  On February 11, 2004, we filed respondent’s              

               1On Oct. 28, 2003, we entered the parties’ stipulated                  
          decision.  Then, on Dec. 1, 2003, we filed petitioner’s motion to           
          vacate the decision.  On Dec. 12, 2003, we granted petitioner’s             
          motion to vacate and filed the decision document as a stipulation           
          of settled issues.                                                          


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