- 9 - reasonable litigation costs. To obtain such an award, the prevailing party must establish that: (1) She has exhausted the administrative remedies available; (2) she has "substantially prevailed" in the controversy; (3) she satisfies certain net worth requirements; (4) the position of the United States in the proceeding was not substantially justified; (5) she has not unreasonably protracted the proceedings; and (6) the amount of the costs sought is reasonable. Sec. 7430(b) and (c). Petitioner bears the burden of proving that she satisfies each of these requirements. Rule 232(e).6 Respondent concedes that petitioner has substantially prevailed and that she satisfies the net worth requirements. Exhaustion of Administrative Remedies The threshold requirement imposed on a taxpayer asserting a claim pursuant to section 7430 is the exhaustion of administrative remedies before suit is filed. Section 301.7430- 1(b)(1), Proced. & Admin. Regs., provides that where an Appeals Office conference is available, administrative remedies are exhausted only if the taxpayer (1) participated7 in such a 6In the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 701(b), 110 Stat. 1452, 1463 (1996), sec. 7430(c)(4) was amended to require the Government to establish that its position was substantially justified. This amendment is effective for proceedings commenced after July 30, 1996. 7A taxpayer or her representative "participates" in an Appeals conference "if the party or qualified representative (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011