- 6 - Discussion A. Motion for Administrative and Litigation Costs Generally, a taxpayer who has substantially prevailed in a Tax Court proceeding may be awarded reasonable administrative and litigation costs. Sec. 7430(a), (c). To be entitled to an award, the taxpayer must: 1. Exhaust administrative remedies.2 Sec. 7430(b)(1). Respondent concedes that petitioners meet this requirement. 2. Substantially prevail with respect to the amount in controversy. Sec. 7430(c)(4)(A)(ii)(I). Respondent concedes that petitioners meet this requirement. 3. Be an individual whose net worth did not exceed $2 million, or an owner of an unincorporated business, or any partnership, corporation, etc., the net worth of which did not exceed $7 million, when the petition was filed. Sec. 7430(c)(4)(A)(iii); 28 U.S.C. sec. 2412(d)(2)(B) (1988). Respondent concedes that petitioners meet this requirement. 4. Show that the position of the United States in the action was not substantially justified. Sec. 7430(c)(4)(A)(i). 2 This requirement does not apply to an award for reasonable administrative costs. Sec. 7430(b)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011