Gilbert Vasquez - Page 15

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               The transcript of these May 17, 2004, proceedings does not             
          indicate that, 3 days earlier, Ace had recommended that                     
          respondent concede the earned income credit issue.                          
               On May 24, 2004, Ace asked respondent’s counsel’s office to            
          prepare decision documents and stipulation documents to resolve             
          the case.                                                                   
               Also on May 24, 2004, Ace returned Moffatt’s telephone call            
          of Friday, May 21.  On May 25, 2004, Ace told Moffatt that                  
          respondent’s paralegal was preparing the decision documents and             
          stipulation documents; at Moffatt’s request, Ace said she would             
          provide to Moffatt an estimate of the interest on petitioner’s              
          overpayment.                                                                
               On June 16, 2004, respondent’s counsel’s office told Ace               
          that “she needed to consider the issue of petitioner’s request              
          for attorney’s fees before the case could be completely                     
          resolved.”12                                                                
               On June 21, 2004, Ace concluded that petitioner was not                
          entitled to litigation costs because “The Counsel for the                   
          Petitioner does not wish to participate in an Appeals conference.           


               12 So stipulated.  The record does not clarify whether it              
          was intended that there be a linkage between the earned income              
          credit issue and the litigation costs issue.  Note that two of              
          the five assignments of error (supra text at note 8) in the                 
          petition relate to petitioner’s claim for an award of reasonable            
          litigation costs, notwithstanding Rule 233 and the Rules referred           
          to therein.  Note also petitioner’s statements set forth infra in           
          D. Qualified Offer.                                                         




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