- 13 - accuracy-related penalty under section 6662(a) and the computational adjustments. All issues for 1989, therefore, had been settled. In the same letter, the Appeals Officer enclosed decision documents and audit statements that would close the case for 1989. These documents were signed by petitioner and forwarded to respondent in a letter dated March 31, 1995. The stipulated decision was then filed by this Court as a Stipulation of Settlement in view of petitioner's simultaneous filing of the motion for litigation costs. Rule 231(c). A taxpayer who substantially prevails in an administrative or court proceeding may be awarded a judgment for reasonable costs incurred in such proceedings. Sec. 7430(a)(1) and (2). A judgment 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 Internal Revenue Service; 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. The Court is left to decide (1) whether petitioner was the prevailing party, and (2) whether petitioner did not unreasonably protract the proceedings.Page: 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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