Florida Country Clubs, Inc. - Page 18

                                       - 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 states             





Page:  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