- 7 - The general rule set forth in section 7430(a) is qualified by the limitations contained in section 7430(b) and the definitions contained in section 7430(c). The flush language of section 7430(c)(2) provides that "reasonable administrative costs" shall only include costs incurred on or after the earlier of the date that the taxpayer receives an Appeals Office notice of decision or the date a notice of deficiency is issued to the taxpayer. The Court has narrowly construed the relief provided in section 7430. In Estate of Gillespie v. Commissioner, 103 T.C. 395 (1994), the Commissioner issued a 30-day letter proposing to increase the taxpayer’s estate tax liability by approximately $9 million. The taxpayer filed a protest with the appropriate Appeals Office, and the matter was settled in the taxpayer’s favor. After the Appeals Office rejected the taxpayer’s request for an award of administrative costs, the taxpayer filed a petition for an award of administrative costs with the Court. Relying on the flush language of section 7430, and noting that the Commissioner had not issued either an Appeals Office notice of decision or a notice of deficiency to the taxpayer, we granted the Commissioner’s motion for summary judgment that the taxpayer was not entitled to an award under section 7430. In Ball v. Commissioner, supra, the taxpayer filed delinquent tax returns for 1984, 1985, and 1986. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011