Tam N. Huynh - Page 7




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                                     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.                                                                       




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