- 8 -- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011