William and Arlene G. Kingston - Page 3

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          this investment, and, thus, petitioners were entitled to loss and           
          investment interest expense deductions claimed on their 1985 and            
          1986 Federal income tax returns.                                            
                                     Discussion                                       
               A taxpayer who substantially prevails in an administrative             
          or court proceeding may be awarded a judgment for reasonable                
          costs incurred in such proceedings.  Sec. 7430(a)(1) and (2).  A            
          judgment may be awarded under section 7430 if a taxpayer (1) is             
          the "prevailing party", (2) exhausted the administrative remedies           
          available to the taxpayer within the Internal Revenue Service               
          (IRS),3 and (3) did not unreasonably protract the proceedings.              
          Sec. 7430(a) and (b)(1), (4).  A taxpayer must satisfy each of              
          these three requirements to be entitled to a judgment under                 
          section 7430.  Respondent concedes that petitioners exhausted the           
          administrative remedies available and did not unreasonably                  
          protract the proceedings.  Therefore, the Court is left to decide           
          whether petitioners were the prevailing party.                              
               To qualify as the "prevailing party", the taxpayer must                
          establish that (1) the position of the United States in the                 
          proceeding was not substantially justified,4 (2) the taxpayer               

          3    This requirement does not apply to an award for reasonable             
          administrative costs.  Sec. 7430(b)(1).                                     
          4     In relevant part, the Taxpayer Bill of Rights 2 (TBOR 2),             
          Pub. L. 104-168, secs. 701-704, 110 Stat. 1452, 1463-1464 (1996),           
          amended sec. 7430 to place on the Commissioner the burden of                
                                                             (continued...)           




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