Leon L. Sicard and Eleanor Sicard - Page 3

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          during the years when it was accrued by the partnership because             
          of an oversight on the part of the accountants for the                      
          partnership and petitioner.                                                 
               In general, section 7430(a) provides for the award of                  
          reasonable administrative and litigation costs to a taxpayer who            
          is a prevailing party in an administrative or court proceeding              
          brought against the United States involving the determination of            
          any tax, interest, or penalty pursuant to the Code.  To be a                
          "prevailing party" a taxpayer must establish that:  (1) The                 
          position of the United States was not substantially justified;              
          (2) the taxpayer substantially prevailed with respect to either             
          the amount in controversy or the most significant issue or set of           
          issues presented; and (3) as pertinent to the instant matter, the           
          taxpayer met the net worth requirements of 28 U.S.C. sec.                   
          2412(d)(2)(B) (1994) at the time the petition in the case was               
          filed.  Sec. 7430(c)(4)(A).  Additionally, an award of litigation           
          costs may be made only where a taxpayer has exhausted available             
          administrative remedies, sec. 7430(b)(1), and no award of costs             
          may be made with respect to any portion of an administrative or             
          judicial proceeding that the taxpayer has unreasonably                      
          protracted, sec. 7430(b)(4).  Moreover, the costs claimed must be           
          reasonable in amount.  Sec. 7430(c).                                        









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