- 10 - establish petitioner’s liability for the “tax years 1990, 1991, 1992 and 1993”. We do not believe petitioner intended to include the 1994 tax year in attempting to resolve the matter, nor do we find that respondent understood petitioner’s offer as attempting to include the 1994 tax year. Thus, we find the inadvertent inclusion of 1994 did little to lessen the import of petitioner’s offer to establish his tax liability (determined without regard to interest) for tax years 1990, 1991, 1992, and 1993 by agreeing to pay $12,000 in addition to the $42,873.24 he had already paid in restitution. Accordingly, we find that the offer conveyed by petitioner meets the requirements of a qualified offer under section 7430(g) and section 301.7430-7(c)(3), Proced. & Admin. Regs. Petitioner offered to establish his liability, including fraud penalties and without regard to interest, for the 1990, 1991, 1992, and 1993 tax years as $54,873.24. Because this amount is greater than the amount of petitioner’s liability as determined by this Court in Jondahl v. Commissioner, T.C. Memo. 2005-55 and computed pursuant to Rule 155, petitioner is entitled to his litigation costs of $17,217.50 incurred after communicating his qualified offer on April 27, 2004. An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011