- 8 - 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, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011