- 13 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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