- 13 - clerical in nature. More fundamentally, even if we were to assume, for sake of argument, that Ms. Lyons and Ms. West acted as petitioners’ representatives, this circumstance would be insufficient to meet the section 7430 requirement that the cost of their services be “incurred”. See Kruse v. Commissioner, supra; Thompson v. Commissioner, T.C. Memo. 1996-468. In conclusion, petitioners have failed to show that they “incurred” the claimed administrative personnel expenses or the associated miscellaneous expenses. Moreover, they have acknowledged that most of the claimed administrative personnel expenses relate to the Grigoraci I proceedings and have failed to establish how much of the claimed miscellaneous expenses relates to this proceeding. We have found that only $60 of the claimed filing fees relates to the instant proceedings. Giving effect to respondent’s concession, we hold that petitioners are entitled to an award of $60 for these filing fees. E. Punitive Damages Petitioners also request that we award punitive damages against respondent. There is no statutory authority for this Court to consider petitioners’ claim for punitive damages against the Internal Revenue Service; consequently, we have noPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011