- 5 - On December 27, 2000, respondent sent a letter (respondent’s December 27, 2000 letter) to petitioners in response to petition- ers’ December 12, 2000 letter. In respondent’s December 27, 2000 letter, respondent stated: We received your letter of December 12, 2000. You assert that IRS Publication 5 and 556 (and others) were not considered when denying your claim for recovering administrative and litigation costs. IRS publications are for information purposes; they are not law. * * * The Internal Revenue Code and Treasury Regulation sections described in our letter to you, dated November 20, 2000, are the controlling law in this area. Additionally, we reviewed the publications men- tioned. We found nothing in those publications that was inconsistent with the law that controls the award of administrative and litigation costs in your case. On January 18, 2001, petitioners filed a petition for administrative costs under section 7430(f)(2) in which they seek to recover $7,232.60.2 Discussion The Court may grant summary judgment where there is no genuine issue of material fact and a decision may be rendered as 2Although petitioners filed a petition for administrative costs under sec. 7430(f)(2) seeking administrative costs totaling $7,232.60, in petitioners’ June 12, 2000 letter petitioners described their request to the IRS for $7,232.60 as “a request for the recovery of administrative/litigation costs incurred after Appeals through the Tax Court hearing”. It appears that petitioners may have included not only administrative costs but also litigation costs in their claim for $7,232.60 in their petition for administrative costs under sec. 7430(f)(2). Assum- ing arguendo that petitioners did include litigation costs as well as administrative costs in their petition for administrative costs under sec. 7430(f)(2), that fact would be immaterial to our resolution of respondent’s motion for summary judgment.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011