Robert M. and Paulette G. Maddox - Page 16

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                  6(...continued)                                                                       
                              (1) reasonable administrative costs incurred in                           
                        connection with such administrative proceeding within                           
                        the Internal Revenue Service, and                                               
                              (2) reasonable litigation costs incurred in                               
                        connection with such court proceeding.                                          
                        (b) Limitations.--                                                              
                              (1) Requirement that administrative remedies be                           
                        exhausted.--A judgment for reasonable litigation costs                          
                        shall not be awarded under subsection (a) in any court                          
                        proceeding unless the court determines that the                                 
                        prevailing party has exhausted the administrative                               
                        remedies available to such party within the Internal                            
                        Revenue Service.  Any failure to agree to an extension                          
                        of the time for the assessment of any tax shall not be                          
                        taken into account for purposes of determining whether                          
                        the prevailing party meets the requirements of the                              
                        preceding sentence.                                                             
                                 *    *    *    *    *    *    *                                        
                        (c) Definitions.--For purposes of this section--                                
                                 *    *    *    *    *    *    *                                        
                              (4) Prevailing party.--                                                   
                                    (A) In general.--The term “prevailing party”                        
                              means any party in any proceeding to which                                
                              subsection (a) applies *  *  *--                                          
                                          (i) which--                                                   
                                                (I) has substantially prevailed                         
                                          with respect to the amount in                                 
                                          controversy, or                                               
                                                (II) has substantially prevailed                        
                                          with respect to the most significant                          
                                          issue or set of issues presented, and                         
                                 *    *    *    *    *    *    *                                        
                                    (B) Exception if United States establishes                          
                              that its position was substantially justified.--                          
                                                                          (continued...)                




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