- 9 - notices of intent to levy as notices of deficiency for purposes of section 7430(c). Respondent concedes that it was an error not to issue a notice of deficiency for amounts in excess of the amounts shown on petitioner's 1984 and 1985 returns.2 The parties agree that respondent was not required to issue a notice of deficiency for 1986 because the amount of tax assessed was equal to the amount of tax liability shown on petitioner's 1986 return. Secs. 6213(a), 6211(a). 2. Discussion Section 7430(c)(2) is unambiguous: Reasonable administrative costs include only costs that occur after respondent issues a notice of deficiency or Appeals issues a notice of decision. Sec. 7430(c)(2). Petitioner is not entitled to an award of administrative costs under section 7430(c) because neither event has occurred. Congressional intent can be shown by comparing the Senate and conference versions of the TAMRA provision which defined "position of the United States". To 2 Sec. 6213(a) provides in pertinent part: Except as otherwise provided in section 6851, 6852, or 6861 no assessment of a deficiency in respect of any tax * * * and no levy or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90-day or 150-day period, as the case may be, nor, if a petition has been filed with the Tax Court, until the decision of the Tax Court has become final. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011