Robert L. and Joanne Tammaro - Page 10




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          available as a carryover to post-docketed years; i.e., to 1995              
          and subsequent years.  In opposing respondent's motion,                     
          petitioner relied heavily on McGowan v. Commissioner, 67 T.C. 599           
          (1976).                                                                     
               The Court entered an Order and Decision on September 29,               
          1999, granting respondent’s motion for entry of decision and                
          holding that it was in the interests of justice to accept                   
          respondent’s unilateral concessions.                                        
               Petitioner thereafter filed his motion for administrative              
          and litigation costs.  In accordance with section 7430 and Rule             
          232, the decision entered on September 29, 1999, was vacated and            
          set aside.                                                                  
          Discussion                                                                  
               We apply section 7430 as most recently amended by Congress             
          in the IRS Restructuring and Reform Act of 1998 (RRA 1998), Pub.            
          L. 105-206, sec. 3101, 112 Stat. 685, 727-730.  However, certain            
          of the amendments made by RRA 1998 to section 7430 (regarding the           
          reasonableness of costs, the type of recoverable costs, and other           
          provisions that are not at issue herein) apply only to costs                
          incurred after January 18, 1999.  To the extent of the portion of           
          the claimed costs incurred on or before January 18, 1999, we                
          apply section 7430 as amended by the Taxpayer Relief Act of 1997            
          (TRA), Pub. L. 105-34, secs. 1285, 1453, 111 Stat. 1038-1039,               
          1055.                                                                       






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