Jung Sik and Bok S. Lim - Page 3




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                                     Discussion                                       
          A.  General Background                                                      
               Respondent determined a deficiency in petitioners’ 1993                
          Federal income tax of $8,909.  Respondent conceded all                      
          adjustments determined in the notice of deficiency, and the                 
          remaining issue for trial concerned whether petitioners were                
          entitled to an overpayment.  To answer that question we had to              
          decide whether the interest paid by petitioners was deductible as           
          business interest.  If deductible as business interest,                     
          petitioners would have been entitled to certain deductions that             
          they had not claimed on their returns, and an overpayment.  The             
          matter was decided in petitioners’ favor.  See Lim v.                       
          Commissioner, T.C. Memo. 1998-432, filed December 10, 1998.                 
               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             




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




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