- 18 -
not qualify for an award of attorney's fees and costs under
section 7430.12
B. Section 6673
Section 911 of the Revenue Act of 1926, ch. 27, 44 Stat. 9,
109, provided for an award of damages to the United States in the
event a taxpayer instituted a case in the Board of Tax Appeals
for purposes of delay. This provision was later adopted as
section 6673 of the Internal Revenue Code of 1954.
Congress amended section 6673 under the Omnibus Budget
Reconciliation Act of 1989 (OBRA 1989), Pub. L. 101-239, sec.
7731(a), 103 Stat. 2106, 2400, to provide for an award of costs,
expenses, and attorney's fees where an attorney, including an
attorney appearing on behalf of the Commissioner, has
unreasonably and vexatiously multiplied the proceedings in any
case. Section 6673(a)(2) is derived from section 1927 of the
Judicial Code, 28 U.S.C. section 1927 (1988). See H. Rept. 101-
247, at 1399-1400 (1989).
Section 6673(a)(2) provides in pertinent part:
SEC. 6673(a)(2). Counsel's liability for excessive
costs.–-Whenever it appears to the Tax Court that any
attorney or other person admitted to practice before
12 Messrs. Izen's and Jones' reliance on 5 U.S.C. sec. 504
(1994) and 28 U.S.C. sec. 2412 (1994) is misplaced. Both
provisions, which largely mirror sec. 7430 by providing that an
award may only be made to a "prevailing party", state that they
are not applicable where an award may be made under sec. 7430.
See 5 U.S.C. sec. 504(f) and 28 U.S.C. sec. 2412(e); see also
Mauerman v. Commissioner, T.C. Memo. 1995-237.
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