- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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