Jeffrey L. Beecroft and Carol Larkin-Beecroft - Page 8

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                    withheld), and that petitioners can deduct the related State                                                                                           
                    income tax withholding ($1,477) and State disability insurance                                                                                         
                    ($273) on their Schedule A, Itemized Deductions.  Respondent also                                                                                      
                    agrees that petitioners can deduct $20,000 of the $62,545                                                                                              
                    itemized deductions in dispute, and that petitioners can deduct                                                                                        
                    $5,172 of the $7,334 Schedule C expenses in dispute.                                                                                                   
                              In connection with petitioners' motion for administrative                                                                                    
                    and litigation costs, petitioners claim that they incurred                                                                                             
                    $34,003 in administrative and litigation costs from July 5, 1995,                                                                                      
                    to August 31, 1996, stemming primarily from approximately                                                                                              
                    110 hours of legal services at a rate of approximately $300 per                                                                                        
                    hour. Petitioners request an award of $20,000 of these costs,                                                                                          
                    plus an award of 60 percent of the unstated attorney's fees that                                                                                       
                    they incurred in the preparation and prosecution of the motion at                                                                                      
                    hand.                                                                                                                                                  
                                                                           Discussion                                                                                      
                              Section 7430(a) provides that the prevailing party may be                                                                                    
                    awarded:  (1) Reasonable administrative costs incurred in                                                                                              
                    connection with an administrative proceeding within the Internal                                                                                       
                    Revenue Service and (2) reasonable litigation costs incurred in                                                                                        
                    connection with a court proceeding.  The Congress enacted                                                                                              
                    section 7430 as part of the Tax Equity and Fiscal Responsibility                                                                                       
                    Act of 1982, Pub. L. 97-248, sec. 292(a), 96 Stat. 324, 572, and,                                                                                      
                    as relevant hereto, the Congress amended section 7430 as part of                                                                                       
                    the Technical and Miscellaneous Revenue Act of 1988, Pub. L.                                                                                           




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