Phillip Lee Allen and Carolyn F. Allen - Page 15




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               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.                             






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