Phuong K. Nguyen - Page 11




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          the parties advised the Court that their negotiations in this               
          regard had not been successful.                                             
          Discussion                                                                  
               We apply section 7430 as most recently amended by Congress             
          in the Internal Revenue Service Restructuring and Reform Act of             
          1998 (RRA 1998), Pub. L. 105-206, sec. 1301, 112 Stat. 685, 727.            
          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 in issue               
          herein) apply only to costs incurred after January 18, 1999.                
               A. Requirements For a Judgment Under Section 7430                      
               Under section 7430(a), a judgment for litigation costs                 
          incurred in connection with a court proceeding may be awarded               
          only if a taxpayer: (1) Is the prevailing party, (2) has                    
          exhausted his or her administrative remedies within the IRS, and            
          (3) did not unreasonably protract the court proceeding.  See sec.           
          7430(a) and (b)(1), (3).  Similarly, a judgment for                         
          administrative costs incurred in connection with an                         
          administrative proceeding may be awarded under section 7430(a)              
          only if a taxpayer: (1) Is the prevailing party, and (2) did not            
          unreasonably protract the administrative proceeding.  See sec.              
          7430(a) and (b)(3).                                                         
               A taxpayer must satisfy each of the respective requirements            
          in order to be entitled to an award of litigation or                        






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