- 15 - Section 7430 was enacted to permit taxpayers to recover their litigation costs if they prevail in the litigation. To some extent, the enactment of section 7430 was intended to encourage the Internal Revenue Service to take a reasonable approach to settlement and/or litigation. The House report for section 7430, which was enacted as part of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, 96 Stat. 324, contains the following explanation: The committee believes that taxpayers who prevail in civil tax actions should be entitled to awards for litigation costs and attorneys’ fees up to $50,000 when the United States has acted unreasonably in pursuing the case. Fee awards in such tax cases will deter abusive actions or overreaching by the Internal Revenue Service and will enable individual taxpayers to vindicate their rights regardless of their economic circumstances. [Emphasis supplied.] H. Rept. 97-404, at 11 (1981). Interrelated with and complementary to that goal, Congress required that taxpayers exhaust their administrative remedies. The exhaustion of taxpayers’ administrative remedies is intended to ensure that the Commissioner will have an opportunity to evaluate the quality of taxpayers’ positions. In addition, the exhaustion requirement is intended to prevent taxpayers from intentionally presenting superficial information merely to enable the recovery of costs under section 7430(b)(1). Accordingly, the exhaustion requirement is integrally tied to the question of whether the Commissioner’s position is justified.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011