Sidney and Anna Dishal - Page 3




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                  Section 7430 provides for the award of reasonable                                        
            administrative and litigation costs to a taxpayer in an                                        
            administrative or court proceeding brought against the United                                  
            States involving the determination of any tax, interest, or                                    
            penalty pursuant to the Internal Revenue Code.  An award of                                    
            administrative or litigation costs may be made where the                                       
            taxpayer:  (1) Is the prevailing party, (2) exhausted available                                
            administrative remedies,2 and (3) did not unreasonably protract                                
            the administrative or judicial proceeding.  See sec. 7430(a) and                               
            (b)(1), (3).                                                                                   
            Prevailing Party                                                                               
                  To be a "prevailing party", a taxpayer must (1)                                          
            substantially prevail with respect to either the amount in                                     
            controversy or the most significant issue or set of issues                                     
            presented, and (2) meet the net worth requirements of 28 U.S.C.                                
            sec. 2412(d)(2)(B) (1984).  See sec. 7430(c)(4)(A)(i) and (ii).                                
            A taxpayer will not be treated as a prevailing party, however, if                              
            the United States establishes that its position was substantially                              
            justified.  See sec. 7430(c)(4)(B).                                                            
                  As we stated earlier, respondent concedes that petitioners                               
            substantially prevailed and met the net worth requirements.  The                               




                  2This requirement does not apply to an award for reasonable                              
            administrative costs.  See sec. 7430(b)(1).                                                    




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