- 14 - On November 8, 1996, petitioner submitted her motion for costs.10 Thereupon, by Order dated November 19, 1996, the Court vacated the decision previously entered and filed the form of decision as a stipulation of settlement. See Rule 232(f). OPINION We apply section 7430 as amended by the Technical and Miscellaneous Revenue Act of 1988 (TAMRA), Pub. L. 100-647, sec. 6239(a), 102 Stat. 3342, 3743-3746.11 Under section 7430(a), a judgment for costs may only be awarded if a taxpayer: (1) Is the "prevailing party"; (2) has exhausted his or her administrative remedies within the IRS with respect to an award of litigation costs; and (3) did not unreasonably protract the proceedings. Sec. 7430(a), (b)(1), 10 In her motion, petitioner prayed for an award of costs in the amount of $4,419.91. Petitioner subsequently revised this amount to include actual costs incurred after the motion was filed. Petitioner now requests an award of costs in the amount of $4,577.22, consisting of the following: Attorney's fees (32.4 hours at $130/hour) $4,212.00 Filing fee/other costs and expenses 365.22 4,577.22 11 Technical and Miscellaneous Revenue Act of 1988, (TAMRA) Pub. L. 100-647, sec. 6239(d), 102 Stat. 3746 is generally applicable to proceedings commenced after Nov. 10, 1988. TAMRA sec. 6239(d), 102 Stat. 3746. Congress amended sec. 7430 most recently in the Taxpayer Bill of Rights 2 (TBOR2), Pub. L. 104- 168, secs. 701-704, 110 Stat. 1452, 1463-1464. However, the amendments made by TBOR2 apply only in the case of proceedings commenced after July 30, 1996. TBOR2 secs. 701(d), 702(b), 703(b), and 704(b), 40 Stat. 1463-1464. Inasmuch as the petition was filed on June 12, 1996, the amendments made by TBOR2 do not apply in the present case.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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