Anita C. Human - Page 4

                                        - 4 -                                         

          directly to petitioner's attorneys.  Petitioner did not include             
          the $750,000 as income on her 1992 return.                                  
               The payment petitioner received from the clerk was from                
          proceeds paid into the Superior Court by DeKalb County, Georgia             
          (the county).  The county condemned the marital residence of                
          petitioner and Human for use by the Metropolitan Atlanta Rapid              
          Transit Authority.                                                          
                                     Discussion                                       
               Section 7430 provides for the award of reasonable                      
          administrative and litigation costs to a taxpayer in an                     
          administrative or court proceeding brought against the United               
          States involving the determination of any tax, interest, or                 
          penalty pursuant to the Internal Revenue Code.  An award of                 
          administrative or litigation costs may be made where the                    
          taxpayer:  (1) Is the prevailing party, (2) exhausted available             
          administrative remedies,3 and (3) did not unreasonably protract             
          the administrative or judicial proceeding.  Sec. 7430(a) and                
          (b)(1), (3).                                                                
          Issue 1.  Prevailing Party                                                  
               To be a "prevailing party", a taxpayer must (1)                        
          substantially prevail with respect to either the amount in                  
          controversy or the most significant issue or set of issues                  


               3    This requirement does not apply to an award for                   
          reasonable administrative costs.  Sec. 7430(b)(1).                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011