- 7 - Discussion In general, section 74301 allows a taxpayer who is a prevailing party in an administrative or court proceeding brought against the United States in connection with the determination, collection, or refund of any tax to recover reasonable administrative and litigation costs incurred in such proceeding. Sec. 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) exhausted available administrative remedies; and (3) did not unreasonably protract the court proceeding. Sec. 7430(a), (b)(1), (3), (c)(4). Similarly, a judgment for administrative costs incurred in connection with an administrative proceeding may be awarded only if a taxpayer: (1) Is the prevailing party; and (2) did not unreasonably protract the administrative proceeding. Sec. 7430(a), (b)(3), (c)(4). A taxpayer qualifies as a prevailing party only if: (1) The taxpayer substantially prevailed with respect to either the amount in controversy or the most significant issue or set of issues presented; (2) the taxpayer satisfies the applicable net 1 We apply sec. 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. The amendments made by RRA 1998 to sec. 7430 apply to costs incurred or services performed after Jan. 18, 1999. Since petitioner’s counsel neither incurred costs nor performed services for petitioner until June 1999, the RRA 1998 amendments clearly apply to this case.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