- 7 - the prevailing party. Finally, respondent raises a factual question about the fees and costs sought by petitioners. At the outset, we note that petitioners styled their motion “Motion for Award of Reasonable Litigation and Administrative Costs”. In fact, however, the amount sought by petitioners, $5,959.87, consists entirely of attorney’s fees and expenses for services in connection with the instant Tax Court proceeding. As the affidavit attached to petitioners’ motion makes clear, all of those services were provided after submission of the “qualified offer”, which took place approximately 4 years after the filing of petitioners’ petition in this Court. Thus, the attorney’s fees and expenses which petitioners seek in the instant motion are litigation costs, not administrative costs. See sec. 301.7430-4(c)(3)(ii), Proced. & Admin. Regs. We agree with respondent’s first point. On the basis of our review of this case, we cannot determine that petitioners exhausted the administrative remedies available to them within the Internal Revenue Service, as required by section 7430(b)(1). In such a case, section 7430(b)(1) provides that “A judgment for reasonable litigation costs shall not be awarded under subsection (a) [of section 7430]”. See sec. 7430(b)(1). Accordingly, we will denyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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