- 10 - meetings, pertinent documentation pertaining to the issues in dispute was provided to respondent. Subsequently, respective settlements were reached. Discussion 1. General Section 7430(a) provides that the prevailing party in any administrative or court proceeding may be awarded a judgment for (1) reasonable administrative costs incurred in connection with such administrative proceedings within the IRS, and (2) reasonable litigation costs incurred in connection with such court proceedings. Sec. 7430(a), (c).5 However, there is an exception to the "prevailing party" rule if the United States establishes that its position was substantially justified. Sec. 5 Sec. 7430(c)(1), as applicable to these cases, provides that reasonable litigation costs include reasonable fees paid or incurred for the services of attorneys in connection with the court proceeding, except that such fees shall not be in excess of $110 per hour. Sec. 7430(c)(2), as applicable in these cases, provides that the term "reasonable administrative costs" only includes "costs incurred on or after the earlier of (i) the date of the receipt by the taxpayer of the notice of the decision of the Internal Revenue Service Office of Appeals, or (ii) the date of the notice of deficiency." The Internal Revenue Service Restructuring & Reform Act of 1998 (RRA 1998), enacted July 22, 1998, amended the above-noted sections. Pub. L. 105-206, secs. 3101(a)(1), (g), 112 Stat. 685, 727-729. The amendments apply to services performed or costs incurred more than 180 days after the date of the enactment of this Act (180 days after July 22, 1998). RRA 1998 sec. 3101(g), 112 Stat. 729. Accordingly, RRA 1998 is not applicable to the instant cases.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011