- 18 - petitioner failed to submit any detailed records to support his claim that he incurred costs of $5,500 for such items. Nevertheless, because it is obvious that petitioner incurred some miscellaneous expenses, we will allow a recovery of $500 for these items, bearing heavily upon petitioner for his failure to itemize and substantiate his costs. See O'Bryon v. Commissioner, T.C. Memo. 2000-379 (applying the doctrine of Cohan v. Commissioner, 39 F.2d 540, 544 (2d Cir. 1930), to an award of costs under section 7430); see also Malamed v. Commissioner, T.C. Memo. 1993-1. 5. Punitive Damages Petitioner claims that he is entitled to an award of $9 million in punitive damages attributable to the reckless conduct of respondent’s employees in this case. Petitioner cites the “Taxpayer Bill of Rights” as authority for an award of up to $1 million for each instance in which an IRS employee intentionally disregards a provision of the Internal Revenue Code. Section 7433 provides for civil damages for certain unauthorized collection actions. Section 7433(a) provides that a taxpayer may bring a civil action for damages against the United States in a U.S. District Court. The Tax Court is not vested with jurisdiction to consider petitioner’s claim for punitive damages under this provision. Accordingly, petitioner’s claim for punitive damages is denied.Page: 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