- 7 - in part and revg. in part T.C. Memo. 1991-189; Estate of Perry, 931 F.2d at 1046; Powers v. Commissioner, supra at 471. Where the facts on which the Commissioner relies are not "unusually scanty or unworthy of belief," the failure of the facts to convince the Court of the ultimate persuasiveness of the respondent's position generally is not reason to hold that her position is unreasonable or without substantial justification. VanderPol v. Commissioner, 91 T.C. 367, 370 (1988). Issue 1. Whether Petitioner Qualifies as a Prevailing Party A. Recovery of Administrative Costs Section 7430, for present purposes, limits recoverable administrative costs to those incurred on or after the date of the notice of deficiency and up to the time the petition was filed. Sec. 7430(c)(2). See Huffman v. Commissioner, supra at 1145. Petitioner claims $2,312.55 as recoverable administrative costs, based on accounting fees of $2,724 incurred between December 7, 1991 and August 15, 1992, and legal fees of $1,375 incurred from June 24, 1992 to March 9, 1993. However, the notice of deficiency was not issued until September 16, 1993. Petitioner thus seeks administrative costs for accounting and legal fees that it admittedly incurred prior to the date of the statutory notice of deficiency. Consequently, we hold that petitioner cannot recover any of these costs. B. Recovery of Litigation CostsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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