- 30 - In view of the foregoing, we hold that it was unreasonable for respondent to pursue further collection after October 1, 1996. H. Amount of Recoverable Costs Finally, we turn to the matter concerning the amount of recoverable costs. Here we observe that respondent concedes that all but $150 of the costs incurred by petitioners constitutes "reasonable litigation costs" within the meaning of sec. 7430(c)(1).18 The disputed $150 amount, however, does not pertain to any cost incurred after September 1996. Accordingly, we conclude that the costs incurred for the months of October 1996 through February 1997, as enumerated in petitioners' counsel's single invoice for those months, are recoverable by petitioners.19 III. Conclusion Based on the foregoing, we hold that respondent's position in the court proceeding was not unreasonable through September 1996, but that respondent acted unreasonably thereafter by not 18 See supra note 4. Further, we note that respondent neither cites nor relies upon either sec. 301.7430-3(a)(4), Proced. & Admin. Regs., or sec. 301.7430-3(b), Proced. & Admin. Regs. Accordingly, no consideration is given to the possible effect of those provisions of the regulation. Cf. Lavallee v. Commissioner, T.C. Memo. 1997-183 at n.14; Ball v. Commissioner, T.C. Memo. 1995-520; see also Gustafson v. Commissioner, 97 T.C. 85, 93 (1991). 19 The total amount for "services and expenses" according to such invoice is $976.75.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011