- 11 - We disagree with petitioners’ interpretation of the December 1995 letter. Petitioners mistakenly equate an evaluation of the issues in controversy and release of jurisdiction with a final determination. The letter’s content does not point to a final determination as required by section 301.7430-3(c)(2), Proced. & Admin. Regs. The letter merely served to notify petitioners that AO Rawley had finished his consideration and that respondent’s District Director would take further action. Moreover, in December of 1995, respondent had yet to even include the Rathbun children in his examination. Since respondent failed to reach a final determination, the cases were returned to the Appeals Office following issuance of additional 30-day letters. For this reason, we conclude that the December 1995 letter was not an IRS Appeals Office notice of decision. In light of our conclusion that petitioners never received a notice of decision, it is unnecessary for us to discuss whether petitioners substantially prevailed in their administrative proceedings. IV. Conclusion Respondent did not take a position in petitioners’ cases because the December 1995 letter was not an Appeals Office notice of decision. Given that respondent never took a position for purposes of section 7430(c)(4), petitioners are not “prevailing parties” entitled to administrative costs under section 7430, and we so hold.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011