Thomas Corson - Page 6

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          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...)           





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