- 3 - was disallowed in full. Respondent’s notice stated in pertinent part: We have completed our review of your claim for administrative costs under Section 7430 of the Internal Revenue Code. We have fully disallowed your claim because pursuant to Reg. Sec. 301.7430-3(a)(4), proceedings in connection with collection actions are not administration proceedings for the purposes of IRC Section 7430. Petitioners filed a timely petition for administrative costs with the Court pursuant to section 7430(f)(2). In response, respondent filed a motion to dismiss for failure to state a claim upon which relief can be granted. Relying on section 301.7430- 3(a)(4), Proced. & Admin. Regs., respondent initially argued that the collection action underlying petitioners’ claim for administrative costs is not considered an administrative proceeding within the meaning of section 7430.2 Petitioners filed a response to respondent’s motion to dismiss in which they assert that section 301.7430-3(a)(4), 2 Sec. 301.7430-3(a)(4), Proced. & Admin. Regs., provides in pertinent part: (a) Administrative proceeding. For purposes of section 7430, an administrative proceeding generally means any procedure or other action before the Internal Revenue Service that is commenced after November 10, 1988. However, an administrative proceeding does not include– * * * * * * * (4) Proceedings in connection with collection actions (as defined in paragraph (b) of this section), including proceedings under sections 7432 or 7433.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011