Reese B. Belshee, Jr. and Betty J. Belshee - Page 6




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          Section 7430 was applicable to proceedings commenced after                  
          February 28, 1983.  See TEFRA sec. 292(e)(1), 96 Stat. 574.3                
               The Technical and Miscellaneous Revenue Act of 1988, Pub. L.           
          100-647, sec. 6239, 102 Stat. 3342, 3743, amendments to section             
          7430 expanded the relief provided under section 7430 to allow               
          certain prevailing parties to recover reasonable administrative             
          costs in addition to litigation costs.  Section 7430(a) sets                
          forth the general rule that the prevailing party in any                     
          administrative or court proceeding which is brought by or against           
          the United States in connection with the determination,                     
          collection, or refund of any tax, interest, or penalty may be               
          awarded a judgment or a settlement for reasonable administrative            
          costs incurred in connection with such administrative proceedings           
          and for reasonable litigation costs incurred in connection with             
          such court proceedings.                                                     


               3   Sec. 7430 has been amended many times since its                    
          enactment in 1982.  The provisions of sec. 7430 applicable to a             
          given case depend on the date the proceeding is commenced and the           
          period within which the claimed costs were incurred.                        
               Congress amended sec. 7430 in the Taxpayer Relief Act of               
          1997 (TRA), Pub. L. 105-34, secs. 1285, 1453, 111 Stat. 788,                
          1038, 1055.  Congress then amended sec. 7430 in the Internal                
          Revenue Service Restructuring and Reform Act of 1998 (RRA 1998),            
          Pub. L. 105-206, sec. 3101, 112 Stat. 685, 727.  The amendments             
          made by TRA apply in the case of proceedings commenced after Aug.           
          5, 1997, and the amendments made by RRA 1998 apply to costs                 
          incurred more than 180 days after July 22, 1998 (Jan. 19, 1999).            
          As the petition for administrative costs herein was filed on Feb.           
          12, 1999, relating to costs incurred before Jan. 19, 1999, the              
          TRA amendments to sec. 7430 apply and not the RRA amendments.               





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