- 14 - administrative or litigation costs to the extent that petitioner unreasonably protracted the proceedings in this case. Respondent points primarily to the number and length of the motions that petitioner filed with the Court. Although most of petitioner’s submissions to the Court were verbose, we note that petitioner is not a lawyer and he was acting pro se in this matter. Considering all the circumstances, we reject the assertion that petitioner unreasonably protracted the proceedings within the meaning of section 7430(b)(3). See, e.g., Mearkle v. Commissioner, 90 T.C. 1256 (1988). C. Administrative and Litigation Costs Associated With Criminal Proceedings Respondent contends that petitioner is not entitled to administrative or litigation costs associated with the criminal investigation and petitioner’s subsequent indictment. We agree. Section 7430 permits an award of reasonable administrative costs incurred in connection with an administrative proceeding within the IRS and reasonable litigation costs incurred in connection with a court proceeding. Section 7430(c)(6) defines the term “court proceeding” to mean any civil action. Accordingly, petitioner is barred in this action from claiming litigation costs associated with the criminal proceedings brought against him. Similarly, the flush language of section 7430(c)(2) limits the term “reasonable administrative costs” to costs incurred on or after the earlier of the taxpayer’s receipt of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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