Thu Cuc Thi Huynh - Page 13




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          for summary judgment.  In the motion to withdraw, petitioner                
          stated that she intended to file a motion for an award of costs             
          within 30 days.                                                             
               In an Order dated August 7, 2001, the Court stated that                
          petitioner’s motion for summary judgment lacked merit;                      
          nevertheless, the Court granted petitioner’s motion to withdraw             
          inasmuch as respondent did not oppose such action.                          
               On September 26, 2001, petitioner filed her motion for an              
          award of costs.  On November 28, 2001, respondent filed a                   
          response, together with a supporting memorandum and Declaration,            
          objecting to the granting of petitioner’s motion.  Thereafter, on           
          January 14, 2002, petitioner filed a reply, and on January 22,              
          2002, respondent filed a response.                                          
          Discussion                                                                  
               We apply section 7430 as amended by Congress in the Internal           
          Revenue Service Restructuring and Reform Act of 1998 (RRA 1998),            
          Pub. L. 105-206, sec. 3101, 112 Stat. 685, 727.5                            
               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            

               5  Sec. 7430 was amended most recently by Congress in the              
          Community Renewal Tax Relief Act of 2000 (CRTRA), Pub. L. 106-              
          554, sec. 319(25), 114 Stat. 2763A-587, 2763A-647.  The                     
          amendment, which is effective on the date of enactment of CRTRA             
          (Dec. 21, 2000), affects only sec. 7430(c)(3) and is purely                 
          clerical in nature.                                                         



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