- 6 - Discussion Section 7430(a), as in effect at the time that the petition in this case was filed, provides that in the case of any administrative or court proceeding brought by or against the United States in connection with the determination, collection, or refund of any tax, interest, or penalty, the "prevailing party" may be awarded a judgment for reasonable administrative costs incurred in connection with any administrative proceedings within the Internal Revenue Service (IRS) and reasonable litigation costs incurred in connection with such court proceedings. See sec. 7430(a), (c). To qualify as a prevailing party under the statute, petitioner must establish that: (1) The position of the United States in the proceeding was not substantially justified;3 (2) he substantially prevailed with respect to the amount in controversy or with respect to the most significant issue presented; and (3) he met the net worth requirement of 28 U.S.C. section 2412(d)(2)(B) on the date the petition was filed. See sec. 7430(c)(4)(A). 3 Because the proceedings in this case were commenced before the date of enactment of the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 701, 110 Stat. 1452, 1463, respondent does not bear the burden of proving that the position of the United States was substantially justified. See Maggie Management Co. v. Commissioner, 108 T.C. 430, 441 (1997).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011