- 7 - This case was later settled, and it was stipulated that the corporation had made an overpayment in income tax of $4,377 for taxable year ending June 30, 1992, and had a deficiency in the amount of $199 for taxable year ending June 30, 1993. The corporation subsequently filed a motion for an award of reasonable litigation costs. Discussion Taxpayers may be awarded an amount for reasonable litigation costs if they meet the requirements of section 7430. In order to qualify for such an award, a party must: (1) Qualify as a prevailing party; (2) have exhausted available administrative remedies; (3) not have unreasonably protracted the court proceeding; and (4) show that the costs claimed are reasonable litigation costs incurred in connection with the court proceeding. Sec. 7430(c)(4), (b)(1), (b)(4), (a)(2). The taxpayers have the burden of establishing that all the foregoing criteria have been satisfied. See Rule 232(e); Maggie Management Co. v. Commissioner, 108 T.C. 430 (1997). Both petitioner and respondent agree that all the administrative remedies available within the Internal Revenue Service have been exhausted. There is some dispute, however, as to the other requirements of section 7430. Prevailing Party To be a "prevailing party", a taxpayer must establish:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011