- 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