- 4 - trial, to fix and award a reasonable sum. [Allen v. Commissioner, 246 F.3d 672 (9th Cir. 2000).] The holding of the Court of Appeals for the Ninth Circuit limits any recovery of costs by petitioners to those incurred during the period that began 3 days before trial. Because this Court decided that respondent’s position was substantially justified, we did not have to consider the other prerequisites to recovery of litigation costs under section 7430.5 The only requirement of section 7430 that remains in controversy6 is whether petitioners exhausted their administrative remedies as required by section 7430(b)(1). See also sec. 301.7430-1(b)(2), Proced. & Admin. Regs. FINDINGS OF FACT7 Petitioners’ residence was damaged by a neighbor’s removal of soil supporting the foundation under petitioners’ residence. Petitioners’ insurance claim ended in disagreement, and suit was filed against the insurance company. In their pleading, petitioners sought recovery on several grounds, including the 5 A taxpayer’s failure to meet any of the requirements of sec. 7430 is fatal to their claim for litigation costs. 6 There is no remaining controversy with respect to the amount of fees petitioners are entitled to if we decide that they did exhaust their administrative remedies. 7 The parties’ stipulation of facts is incorporated by this reference. To the extent relevant, our findings in Allen v. Commissioner, T.C. Memo. 1998-406, and Allen v. Commissioner, T.C. Memo. 1999-118, are incorporated herein.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011