- 8 - Agent Messecca testified that he prepared the notice of deficiency as directed by Special Agent Hill using the schedule prepared by Mr. Mulcahy and the tax returns filed by petitioner and Petito Corp. for 1992. On the record presented, the Court denied petitioner’s motion for reconsideration on the ground that, although the notice of deficiency may have been incorrect, it was not invalid for the purpose of invoking the Court’s jurisdiction. On September 28, 2001, the District Court granted the Government’s motion to dismiss the indictment filed against petitioner. On November 16, 2001, respondent filed with the Court a status report stating that respondent would concede the instant case. On February 21, 2002, the parties filed a stipulation of settled issues stating that petitioner is not liable for any deficiency, addition to tax, or penalty, nor is petitioner entitled to an overpayment for the taxable year 1992. Discussion We apply section 7430 as amended by Congress in the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3101, 112 Stat. 685, 727. 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) hasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011