Victor & Judith A. Grigoraci - Page 10

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          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.                      






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