- 5 - information on or about December 20, 2000, Mr. Peterson determined that petitioner was entitled to the head of household filing status, the two dependency exemptions, and the earned income credit. Respondent informed petitioner’s counsel that no concession for attorney’s fees and costs would be made. On or about September 7, 2001, respondent sent petitioner’s counsel a proposed Stipulation Decision conceding all of the tax issues. Between November 21, 2001, and January 2, 2002, respondent attempted, via telephone calls and letters, to contact petitioner’s counsel. The letters included additional copies of the proposed Stipulation Decision. Sometime in January 2002, petitioner’s counsel contacted respondent. As a result, respondent prepared and mailed a Stipulation of Agreed Issues to petitioner’s counsel. On January 28, 2002, at the calendar call of the case, petitioner filed a Motion for Attorney’s Fees and Costs and the Stipulation of Agreed Issues. Section 7430 permits the award of reasonable litigation costs to a taxpayer in an administrative or court proceeding brought against the United States in connection with the determination of any tax, interest, or penalty under the Internal Revenue Code. An award of litigation costs may be made where the taxpayer (1) is the “prevailing party”, (2) exhausted availablePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011