Reese B. Belshee, Jr. and Betty J. Belshee - Page 3




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          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.                     





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