- 15 - supra.9 The TBOR 2 amendment to section 7430(c)(4) is consistent with the congressional intent of immunizing the Government against claims for costs until the IRS’s position has crystallized in an Appeals Office decision or notice of deficiency. II. The Parties’ Arguments Respondent maintains that since no Appeals Office decision or notice of deficiency was ever issued to petitioners, petitioners do not qualify as “prevailing parties” for purposes of section 7430(c)(4) and cannot recover administrative costs.10 In response, petitioners assert that respondent did take a “position”. Respondent’s position was manifested in: (1) The 9 Sec. 7430(c)(7) serves to protect the IRS from liability before the Appeals Office gets involved. The Appeals Office is the forum for the compromise of disputes between taxpayers and the IRS, and it is the first stage within the IRS at which the proposed adjustments are fully reviewed and which expressly takes into account the hazards of litigation. 10 We disagree with respondent that Estate of Gillespie v. Commissioner, 103 T.C. 395 (1994), and Belshee v. Commissioner, T.C. Memo. 1999-380, establish that petitioners are not entitled to recover costs prior to the issuance of a notice of deficiency or an Appeals Office decision. These cases denied the taxpayers’ requests to recover costs on the grounds that such costs were not incurred during a period for which recovery was permitted under sec. 7430(c)(2). These cases did not address whether the taxpayers were prevailing parties under subsec. (c)(4). Furthermore, these cases were decided on the basis of sec. 7430(c)(2) before it was amended by RRA 1998 to allow taxpayers to recover costs incurred on or after the date of mailing of the first letter of proposed deficiency. Because we interpret sec. 7430(c)(2) in light of its amendment by RRA 1998, the logic of Estate of Gillespie and Belshee is not dispositive of whether petitioners are entitled to recover administrative costs.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011