KNUDSEN v. C.I.R.

No. 13-72077.

793 F.3d 1030 (2015)

Barbara Jane KNUDSEN, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2015.


Attorney(s) appearing for the Case

Ashley McDonald (argued), Certified Law Student, Lewis & Clark Low Income Taxpayer Clinic, Portland, OR; Dennis M. Vannier , Supervising Volunteer Attorney, Lewis & Clark Low Income Taxpayer Clinic, Portland, OR; Jan R. Pierce , Supervisory Attorney, Lewis & Clark Low Income Taxpayer Clinic, Portland, OR, for Petitioner-Appellant.

Carol Barthel (argued) and Joan I. Oppenheimer , United States Department of Justice, Tax Division, Washington, D.C., for Respondent-Appellee.

Before: WILLIAM A. FLETCHER and ANDREW D. HURWITZ, Circuit Judges, and DONALD E. WALTER, Senior District Judge.


OPINION

In this case, we are asked to decide whether a unilateral concession by the Internal Revenue Service ("IRS") is a settlement, for purposes of the Qualified Offer Rule ("QOR") of the Internal Revenue Code, codified at 26 U.S.C. § 7430(c)(4)(E). We conclude...

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