- 6 - assess petitioner’s 1983 tax liability during the section 6229(f) assessment period; and respondent’s delay in making his demand for payment was caused by respondent’s error or delay in performing a ministerial or managerial act. In making the section 6229(f) assessment period argument in his petition, petitioner relied on Crnkovich v. United States, 41 Fed. Cl. 168 (1998), affd. per curiam 202 F.3d 1325 (Fed. Cir. 2000). On March 7, 2003, respondent filed an answer to the petition. In the answer, respondent maintained that his determination not to abate interest pursuant to section 6404 was not an abuse of discretion and that the interest for the taxable year 1983 was timely assessed. Subsequently, the parties reached a settlement, under which petitioner was entitled to a full abatement of interest for the taxable year 1983. From the preparation of the petition through the settlement of the case, Stephen Benda served as petitioner’s attorney. On January 11, 2003, petitioner had his first meeting with Mr. Benda. Petitioner and Mr. Benda had a fee arrangement of $250 per hour. Petitioner now seeks litigation costs in the amount of $2,676.32.4 4In his motion for reasonable litigation costs filed on Dec. 12, 2003 (the motion), petitioner asked that we award litigation costs in the amount of $2,536.32. When petitioner filed his reply on Mar. 25, 2004, petitioner requested an additional $140 of litigation costs, part of which he had incurred since filing the motion. After examining petitioner’s attorney’s additional (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011