-5- addition to tax pursuant to section 6661 for substantial understatement of tax. Discussion A taxpayer who substantially prevails in an administrative or court proceeding may be awarded a judgment for reasonable costs incurred in such proceedings. Sec. 7430(a)(1) and (2). A taxpayer has the burden of proving that it meets each requirement before we may order an award of costs under section 7430. Rule 232(e); Gantner v. Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th Cir. 1990). For this Court to award reasonable litigation costs under section 7430, several requirements must be met. The record must show that: (1) The moving party did not unreasonably protract the administrative proceeding or the proceeding in this Court. Sec. 7430(b)(4). (2) The moving party exhausted any administrative remedies available to him or her in the Internal Revenue Service. Sec. 7430(b)(1). Respondent concedes that petitioner satisfies these first two requirements. (3) The moving party was the prevailing party. Sec. 7430(a). As discussed below, we find that petitioner has met this requirement. Whether Petitioner Is the Prevailing Party A taxpayer must satisfy several conjunctive requirements to be deemed a prevailing party. Sec. 7430(c). The taxpayer must establish: (1) The position of the United States in the civilPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011