- 3 - On June 12, 2000, petitioners sent a letter (petitioners’ June 12, 2000 letter) to the Internal Revenue Service (IRS) in which they requested “the recovery of administrative/litigation costs incurred after Appeals through the Tax Court hearing in the determination of the amount of taxes” for 1993 and 1994, as follows: Claimed Nature of Claimed Administrative/Litigation Costs Amount of Costs Studies, consulting, research, parking, $2,548.00 transportation, and others Document production and copying 562.50 Delivery and mailing 74.00 Legal consultation and assistance 3,450.00 Telephone 138.10 Document filing 60.00 Attorney representation 400.00 Total Amount of Claimed Costs $7,232.60 On August 31, 2000, Kim v. Commissioner, 215 F.3d 1319 (4th Cir. 2000), became final. On November 20, 2000, respondent sent a letter (respondent’s November 20, 2000 letter) to petitioners in response to petition- ers’ June 12, 2000 letter and to a letter from petitioners dated July 31, 2000, that is not part of the instant record. In respondent’s November 20, 2000 letter, respondent stated in part: Under I.R.C. � 7430, the prevailing party in a court proceeding may be awarded a judgment or settle- ment for reasonable administrative and litigation costs. Under I.R.C. [�] 7430(c)(4)(C), when a case is finally determined by a court, that court must make the determination of who is the prevailing party for pur- poses of determining the award of administrative and litigation costs. Treas. Reg. � 301.7430-2(b)(2)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011