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On September 28, 2004, respondent’s associate area counsel
reviewed the administrative file and determined that
consideration should be given to conceding all issues in the
case. On September 29, 2004, respondent’s Appeals officer spoke
with petitioner’s counsel and learned that petitioner would be
obtaining from her husband an affidavit stating that her husband
did not live with her during the last 6 months of 2002. On
October 4, 2004, respondent’s associate area counsel approved a
settlement memorandum recommending respondent’s full concession
of the case. In a letter to petitioner’s counsel dated October
13, 2004, respondent notified petitioner of respondent’s decision
to concede the case.
On December 2, 2004, after the filing of the parties’
supplemental stipulation of settlement, petitioner filed her
instant motion seeking an award of administrative and litigation
costs under section 7430. In her motion, petitioner seeks to
recover certain fees and costs that she incurred from April 10,
2003, through November 24, 2004, plus any additional expenses
that she might incur in pursuing that motion. From April 10,
2003, through November 24, 2004, petitioner incurred the
following fees and costs:
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