- 3 - petitioner received from the hospital in 1993 was taxable income to him in 1993. We held that the guarantee payments petitioner received were not includable in his income in 1993 because those payments were a loan. Discussion Section 7430 provides for the award of administrative and litigation costs to a taxpayer in an administrative or court proceeding brought against the United States involving the determination of any tax, interest, or penalty pursuant to the Internal Revenue Code. An award of administrative or litigation costs may be made where the taxpayer (1) is the “prevailing party”, (2) exhausted available administrative remedies,3 (3) did not unreasonably protract the administrative or judicial proceeding, and (4) claimed reasonable administrative and litigation costs. Sec. 7430(a), (b)(1), (3), and (c). These requirements are conjunctive, and failure to satisfy any one will preclude an award of costs to petitioners. Minahan v. Commissioner, 88 T.C. 492, 497 (1987). To be a “prevailing party” (1) the taxpayer must substantially prevail with respect to either the amount in controversy or the most significant issue or set of issues presented, and (2) at the time the petition in the case is filed, 3 This requirement applies only to litigation costs. Sec. 7430(b)(1).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011