- 3 - Section 7430 enables the prevailing party in any administrative or court proceeding to recover reasonable administrative costs incurred in the administrative proceeding and reasonable litigation costs incurred in the court proceeding. Sec. 7430(a); Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 436 (1997). There are various requirements that a party must meet to be entitled to an award for costs. Respondent agrees that “petitioner is the prevailing party and entitled to reasonable litigation costs only, insofar as petitioner incurred the litigation costs claimed and did not protract the court proceeding.” In so agreeing, respondent has admitted that his position was not substantially justified during the administrative and the litigation proceedings.3 Respondent also admits that petitioner meets the net worth requirements and that petitioner has exhausted the administrative remedies available in connection with the collection hearing. Accordingly, the only questions that remain for our consideration are whether petitioner unreasonably protracted the Tax Court proceeding and whether petitioner’s claimed costs are reasonable. 3 We note that respondent bears the burden on this element. Sec. 7430(c)(4)(B).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011