Jeffrey L. Beecroft and Carol Larkin-Beecroft - Page 9

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                    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),                                                                                      




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