- 8 - Discussion A taxpayer who substantially prevails in an administrative or court proceeding may be awarded a judgment for reasonable administrative or litigation costs incurred in such proceedings. Sec. 7430(a)(1) and (2). A judgment of administrative or litigation costs may be awarded under section 7430 if a taxpayer (1) was the "prevailing party", (2) exhausted the administrative remedies available to the taxpayer within the IRS, and (3) did not unreasonably protract the proceedings. Sec. 7430(a), (b)(1), (b)(4). A taxpayer must satisfy each of these three requirements to be entitled to a judgment under section 7430. Respondent concedes that petitioner exhausted the administrative remedies available to her within the IRS. We are left to decide (1) whether petitioner was the "prevailing party", (2) whether petitioner did not unreasonably protract the proceedings, and (3) whether the amounts petitioner claims as administrative and litigation costs are reasonable. To qualify as the "prevailing party", the taxpayer must establish that (1) the position of the United States in the proceeding was not substantially justified, (2) the taxpayer substantially prevailed with respect to the amount in controversy or with respect to the most significant issue or set of issues presented, and (3) the taxpayer satisfies the applicable net worth requirements. Sec. 7430(c)(4)(A). Respondent concedes that petitioner substantially prevailed with respect to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011