- 10 - D. Meaning of “Incurred” Awards of costs and fees under section 7430(a) are limited to administrative costs “incurred” and reasonable litigation costs “incurred”. In this context, the word “incur” carries its ordinary meaning: “to become liable or subject to: bring down upon oneself.” Frisch v. Commissioner, 87 T.C. 838, 846 (1986) (holding that an attorney acting pro se was ineligible to receive attorney’s fees because he “did not become liable to another person for attorney fees nor did he bring down upon himself any debt”); see also Corrigan v. United States, 27 F.3d 436, 438-439 (9th Cir. 1994); United States v. McPherson, 840 F.2d 244 (4th Cir. 1988); Andary-Stern v. Commissioner, T.C. Memo. 2002-212; Austin v. Commissioner, T.C. Memo. 1997-157. “Fees and expenses are incurred when there is a legal obligation to pay them.” Republic Plaza Props. Pship. v. Commissioner, T.C. Memo. 1997-239 (holding that the petitioning tax matters partner had failed to establish a legal obligation to pay any of the litigation costs at issue); see also Kruse v. Commissioner, T.C. Memo. 1999-157 (holding that the taxpayers had not incurred liabilities for fees and costs for which they were contingently liable). All the costs for which petitioners seek an award (except for the filing fees) represent charges for professional services provided by GTWP administrative personnel and for estimated miscellaneous expenses associated with those services.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011