- 10 - to the taxpayer, that is signed by an individual in the Office of Appeals who has been delegated the authority to settle the dispute on behalf of the Commissioner, and states or indicates that the notice is the final determination of the entire case.” Sec. 301.7430-3(c)(2), Proced. & Admin. Regs. (the regulation also treats a notice of claim disallowance issued by the Office of Appeals as a notice of decision, but this relates to claims for refund, which is not our situation). A 30-day letter does not constitute a position of the United States, and a proposed notice of deficiency, circulated within the IRS and not sent to taxpayers, is not a notice of deficiency for purposes of section 7430(c)(7)(B)(ii). Fla. Country Clubs, Inc. v. Commissioner, supra. III. Contentions of the Parties Respondent contends that petitioners are not “prevailing parties” for purposes of section 7430(c)(4) and cannot recover administrative costs because the Appeals Office never took a position through a notice of decision. Petitioners maintain that the December 1995 letter sent by AO Rawley was an Appeals Office notice of decision. Petitioners specifically assert that the December 1995 letter was the final determination of the entire case because the document indicated that the Appeals Office had completed its consideration and returned the cases to the District Director.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011