- 4 - Respondent determined a deficiency in petitioner's Federal income tax for 1991 in the amount of $4,030, and deficiencies in petitioners' Federal income taxes for 1992 and 1993 in the amounts of $3,954 and $4,019, respectively. Respondent determined that petitioner failed to establish that the $13,000 he paid during each of the taxable years 1991, 1992, and 1993 qualified for the alimony deduction under section 215. This Court rendered Ryan v. Commissioner, T.C. Memo. 1998-331, deciding that the amounts paid by petitioner to his former wife were properly deductible as alimony. Petitioner now requests the Court to award him reasonable litigation costs in the amount of $24,409. OPINION In general, section 7430 allows a taxpayer who is a prevailing party in a civil tax proceeding to recover reasonable administrative and litigation costs incurred in such proceeding. An award of administrative or litigation costs may be made where the taxpayer: (1) Is the prevailing party; (2) exhausted available administrative remedies; and (3) did not unreasonably protract the administrative or judicial proceeding. See sec. 7430(a) and (b)(1), (4).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011