Eddie Mills, Jr. - Page 6




                                        - 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