- 17 - expenses that have been paid or incurred in connection with a court proceeding before the filing of the motion. Thus, the "proceeding" referred to in section 7430(c)(1)(B)(iii) necessarily commences before the motion for litigation costs is filed; i.e., with the filing of the petition. Similarly, section 7430(c)(4)(A) defines the term "prevailing party" to mean-- any party in any proceeding * * * * ** * * * * * (ii) which-- (I) has substantially prevailed with respect to the amount in controversy, or (II) has substantially prevailed with respect to the most significant issue or set of issues presented, and (iii) which meets the * * * [applicable net worth requirements]. For a taxpayer to satisfy those conditions, the taxpayer must necessarily look back to the part of the proceeding that occurred before the filing of the motion for costs. Thus, the "proceeding" referred to in section 7430(c)(4)(A) necessarily commences before the motion for costs is filed. Further, section 7430(c)(4)(B)(i) requires that the Commissioner establish that the Commissioner's position was substantially justified "in a proceeding". The "proceeding" referred to in such section must necessarily commence before thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011