Eddie Mills, Jr. - Page 8




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          1390, 1395 (9th Cir. 1991), affg. T.C. Memo. 1990-160; Powers v.            
          Commissioner, supra at 471; Sokol v. Commissioner, 92 T.C. 760,             
          767 (1989).                                                                 
               The term "administrative proceeding" means any procedure or            
          other action before the IRS.  Sec. 7430(c)(5).  The term                    
          "reasonable administrative costs" includes only the costs                   
          incurred on or after the earlier of (i) the date of the receipt             
          by the taxpayer of the notice of the decision of the IRS Office             
          of Appeals (Appeals Office), or (ii) the date of the notice of              
          deficiency.  Sec. 7430(c)(2).  The "position of the United                  
          States" is the position taken in an administrative proceeding               
          fixed by the earlier of the date the taxpayer receives the                  
          decision of the Appeals Office, or the date of the notice of                
          deficiency in the case.  Sec. 7430(c)(7)(B).                                
               As there is no evidence of the receipt by petitioner of a              
          decision by the Appeals Office, the relevant document is the                
          notice of deficiency.  The position of the United States in the             
          administrative proceeding was determined by the notice of                   
          deficiency issued January 9, 1996.                                          
               Respondent took a position in the judicial proceeding on               
          June 3, 1996, when the answer was filed in the case.  See sec.              
          7430(c)(7)(A); California Marine Cleaning, Inc. v. Commissioner,            
          T.C. Memo. 1998-311; Kahn-Langer v. Commissioner, T.C. Memo.                
          1995-527, Lockett v. Commissioner, T.C. Memo. 1994-144 (citing              





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