- 5 - Neither party has requested a hearing, and we conclude that a hearing is not necessary. Rule 232(a)(2). Accordingly, we decide petitioner’s motion on the basis of the motion, respondent’s notice of objection, petitioner’s response, and exhibits submitted by both parties. Discussion Subject to certain limitations, the prevailing party in any court proceeding may be awarded a judgment for reasonable litigation costs incurred in connection with such court proceeding. Sec. 7430(a)(2). The prevailing party must exhaust the administrative remedies available to it within the Internal Revenue Service, and the prevailing party must not have unreasonably protracted any portion of the administrative or court proceeding. See sec. 7430(b)(1), (3). The term “prevailing party” means “any party * * * which (I) has substantially prevailed with respect to the amount in controversy, or (II) has substantially prevailed with respect to the most significant issue or set of issues presented”. Sec. 7430(c)(4)(A)(i). And in the case of an individual taxpayer, the term also means any party which had a net worth that did not exceed $2,000,000 at the time the civil tax case proceeding was commenced. Sec. 7430(c)(4)(A)(ii) (referring to 28 U.S.C. sec. 2412(d)(1)(B) and (2)(B)(2000)). However, a party shall not be treated as the prevailing party if the Commissioner can establishPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011