- 32 -                                         
          respondent's position in the administrative and litigation                  
          proceedings was substantially justified.                                    
               Because the requirements of section 7430 are conjunctive,              
          Minahan v. Commissioner, 88 T.C. at 497, our holding that                   
          respondent’s position was substantially justified results in the            
          denial of petitioners’ motion.  Consequently, we need not address           
          respondent’s other objections.10                                            
               To reflect the foregoing and the Stipulation of Settled                
          Issues filed on December 16, 1996,                                          
                                             An appropriate order and                 
                                        decision will be entered.                     
               10 We note that petitioners have requested an award for                
          costs incurred before the issuance of the notice of deficiency.             
          Administrative costs are those costs incurred in connection with            
          an administrative proceeding within the IRS.  Sec. 7430(a)(1),              
          (c)(5).  Sec. 7430, for present purposes, limits recoverable                
          administrative costs to those incurred on or after the date of              
          the notice of the deficiency and up to the time the petition is             
          filed.  Sec. 7430(c)(2); see Huffman v. Commissioner, 978 F.2d              
          1139, 1145 (9th Cir. 1992), affg. in part, revg. in part and                
          remanding T.C. Memo. 1991-144.                                              
               Petitioners have also requested an award for fees for their            
          own time at an hourly rate of $45.  Sec. 7430(c) operates to                
          cover actual expenditures made with regard to representation.               
          Consequently, pro se taxpayers are not entitled to an award for             
          the value of their services, because no fee is paid or incurred.            
          Corrigan v. United States, 27 F.3d 436 (9th Cir. 1994); United              
          States v. McPherson, 840 F.2d 244 (4th Cir. 1988); Frisch v.                
          Commissioner, 87 T.C. 838 (1986).                                           
Page:  Previous   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   Last modified: May 25, 2011