Normally, you'd get an RST if you do a close which doesn't linger (i.e. in which data can be discarded by the stack if it hasn't been sent and ACK'd) and a normal FIN if you allow the close to linger (i.e. the close waits for the data in transit to be ACK'd).
Perhaps all you need to do is set your socket to linger so that you remove the race condition between a non lingering close done on the socket and the ACKs arriving?