- 18 - administrative costs, regardless of when such costs were incurred. Further, while the legislative history to the RRA 1998 amendment contains language that may be interpreted to include the 30-day letter among the instances in which the Government will be considered to have taken a “position”, such an interpretation is inconsistent with the plain language of section 7430(c)(7). In addition, such an interpretation is contrary to congressional action taken during the legislative process in enacting the RRA 1998 amendment to section 7430. The House and Senate reports accompanying the RRA 1998 amendment to section 7430 contain the following language: The Committee believes that taxpayers should be allowed to recover the reasonable administrative costs they incur where the IRS takes a position against the taxpayer that is not substantially justified, beginning at the time that the IRS establishes its initial position by issuing [the 30-day letter] * * *. S. Rept. 105-174 at 47 (1998), 1998-3 C.B. at 537, 583; H. Rept. 105-134 (1997), 1998-3 C.B. 373, 430. This legislative history can be read as extending the period for accrual of recoverable costs under section 7430(c)(2) to the date on which the 30-day letter is sent. This legislative history cannot be as easily read as indicating Congress’s intent to alter the time at which the Government is considered to have taken a section 7430(c)(7) “position” for purposes of section 7430(c)(4). Indeed, the Statement of Managers (Conference Report) to the RRA 1998 amendment to section 7430 merely statesPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011