- 9 -- 9 - 100-647, sec. 6239(a), 102 Stat. 3342, 3743-3747, effective with respect to proceedings commenced after November 10, 1988. Section 7430 was amended most recently by the Taxpayer Bill of Rights 2, Pub. L. 104-168, secs. 701-704, 110 Stat. 1452, 1463-1464 (1996), effective with respect to proceedings commenced after July 30, 1996. In order for this Court to award reasonable administrative and litigation costs under section 7430, seven requirements must be met. The record must show that: (1) The moving party filed a timely motion for an award of reasonable administrative and litigation costs. Rule 231(a). We find that petitioners met this requirement. (2) The moving party substantially prevailed in the administrative proceeding and the proceeding in this Court. Sec. 7430(c)(4)(A)(i). Respondent concedes that petitioners met this requirement. (3) The moving party did not unreasonably protract the administrative proceeding or the proceeding in this Court. Sec. 7430(b)(4). Respondent concedes that petitioners met this requirement. (4) The Commissioner's position in the administrative proceeding and the proceeding in this Court were not substantially justified in law or in fact.5 Sec. 5 In relevant part, the Taxpayer Bill of Rights 2 (TBR2), Pub. L. 104-168, secs. 701-704, 110 Stat. 1452, 1463-1464 (1996),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011