Jose A. Salazar - Page 8




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          with the Court within the 90-day period following the expiration            
          of such 6-month period.  Sec. 301.7430-2(c)(6), Proced. & Admin.            
          Regs.                                                                       
               Petitioner filed his application for an award of reasonable            
          administrative costs with respondent on December 8, 2000.  The 6-           
          month period referred to in section 301.7430-2(c)(6), Proced. &             
          Admin. Regs., expired with respect to petitioner’s application on           
          June 8, 2001.  In light of respondent’s failure to issue a                  
          decision regarding petitioner’s application, petitioner filed               
          with the Court a timely petition on September 6, 2001.  Under the           
          circumstances, there is no dispute between the parties regarding            
          the Court’s jurisdiction with regard to this matter.                        
               2.  Petitioner’s Claim for Administrative Costs                        
               Section 7430(b)(4) provides:                                           
                    (b) Limitations.--                                                
                    (4) Period For Applying To IRS For                                
                    Administrative Costs.–-An award may be made under                 
                    subsection (b) by the Internal Revenue Service for                
                    reasonable administrative costs only if the                       
                    prevailing party files an application with the                    
                    Internal Revenue Service for such costs before the                
                    91st day after the date on which the final                        
                    decision of the Internal Revenue Service as to the                
                    determination of the tax, interest, or penalty is                 
                    mailed to such party.                                             
               Section 301.7430-2(c), Proced. & Admin. Regs., provides in             
          pertinent part:                                                             
                    (5) Period for requesting costs from the Internal                 
               Revenue Service.  To recover reasonable administrative                 
               costs pursuant to section 7430 and this section, the                   





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