Carolyn S. Eifert, A/K/A Sue Armstrong - Page 14

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               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.                                                  




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