- 8 - Discussion Section 7430 provides for the award of reasonable administrative and litigation costs to a taxpayer in an administrative or court proceeding brought against the United States involving the determination of any tax, interest, or penalty pursuant to the Internal Revenue Code. An award of administrative or litigation costs may be made where the taxpayer: (1) Is the “prevailing party”; (2) exhausted available administrative remedies;3 and (3) did not unreasonably protract the administrative or judicial proceeding. See sec. 7430(a), (b)(1), (3). The costs claimed must also be reasonable in amount. See sec. 7430(c). These requirements are conjunctive, and failure to satisfy any one will preclude an award of costs to petitioners. See Minahan v. Commissioner, 88 T.C. 492, 497 (1987). To be a “prevailing party”, the taxpayer must show that (1) the taxpayer substantially prevailed with respect to the amount in controversy or with respect to the most significant issue(s) presented, and (2) the taxpayer satisfied the net worth requirement. See sec. 7430(c)(4)(A). If respondent establishes that the position of the United States in the proceeding was 3 This requirement does not apply to an award for reasonable administrative costs. See sec. 7430(b)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011