Florida Country Clubs, Inc. - Page 2

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                    1.  Held:  R never took a position in the                         
               administrative proceeding as provided by sec.                          
               7430(c)(7)(B), I.R.C., because Ps never received a                     
               notice of decision from the Appeals Office and R never                 
               sent Ps a notice of deficiency.  Consequently, Ps do                   
               not qualify as prevailing parties under sec.                           
               7430(c)(4), I.R.C.                                                     
                    2.  Held, further, the meaning of term “notice of                 
               deficiency” under sec. 7430(c)(7), I.R.C., is the same                 
               as its meaning under sec. 6212(a), I.R.C.                              
                    3.  Held, further, the proposed notice of                         
               deficiency that was never approved and never sent to Ps                
               is not a notice of deficiency for purposes of sec.                     
               7430(c)(7), I.R.C.                                                     


               James R. Mikes, for petitioners.                                       
               Michael D. Zima, for respondent.                                       


                                       OPINION                                        

               KROUPA, Judge:  This matter is before the Court on                     
          respondent’s motion for summary judgment under Rule 121.1  The              
          sole issue for decision is whether petitioners are entitled to              
          reasonable administrative costs under section 7430 for expenses             
          incurred in proceedings within the Internal Revenue Service (IRS)           
          regarding their 1993 and 1994 Federal income taxes.  For the                




               1 Unless otherwise indicated, all Rule references are to the           
          Tax Court Rules of Practice and Procedure, and all section,                 
          chapter, and subtitle references are to the Internal Revenue                
          Code.                                                                       





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