- 3 - Discussion A. General Background Respondent determined a deficiency in petitioners’ 1993 Federal income tax of $8,909. Respondent conceded all adjustments determined in the notice of deficiency, and the remaining issue for trial concerned whether petitioners were entitled to an overpayment. To answer that question we had to decide whether the interest paid by petitioners was deductible as business interest. If deductible as business interest, petitioners would have been entitled to certain deductions that they had not claimed on their returns, and an overpayment. The matter was decided in petitioners’ favor. See Lim v. Commissioner, T.C. Memo. 1998-432, filed December 10, 1998. 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,3 and (3) did not unreasonably protract 3 This requirement does not apply to an award for reasonable administrative costs. See sec. 7430(b)(1).Page: Previous 1 2 3 4 5 6 7 8 9 Next
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