- 9 - As a result of the filing of petitioner's motion, the Court ordered that the decision entered on August 21, 1996, be vacated and set aside, and that the vacated decision be refiled as a stipulation of settlement. Respondent was ordered to file a written response to petitioner's motion. See Rules 232(f), 231(c). In the response, respondent objected to petitioner's motion, contending that respondent's position was substantially justified both in the administrative proceeding and in the Court proceeding. 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 judgment may be awarded under section 7430 if a taxpayer (1) is the "prevailing party", (2) exhausted the administrative remedies available to the taxpayer within the IRS (if the judgment is for litigation costs), and (3) did not unreasonably protract the proceedings. Sec. 7430(a), (b)(1), (b)(4). A taxpayer must satisfy each of these three requirements to be entitled to a judgment under section 7430. Respondent concedes that petitioner exhausted the administrative remedies available and did not unreasonably protract the proceedings. Therefore, the Court is left to decide whether petitioner was the prevailing party.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