- 5 - Petitioners now seek litigation costs of $31,078.28.1 Discussion Section 7430(a) authorizes the award of reasonable litigation costs to the prevailing party in court proceedings brought by or against the United States in connection with the determination of income tax. In order to receive an award of reasonable litigation costs, a taxpayer must exhaust administrative remedies and not unreasonably protract the court proceeding, in addition to being the prevailing party. Sec. 7430(b)(1), (3). Unless the taxpayer satisfies all of the section 7430 requirements, we do not award costs. Minahan v. Commissioner, 88 T.C. 492, 497 (1987). Respondent concedes that petitioners did not unreasonably protract the court proceeding. Respondent contends, however, that respondent’s position with respect to the issues in the notice was substantially justified, that petitioners did not 1According to one statement in their motion for reasonable litigation costs, petitioners “claim litigation costs of $29,800 all of which were incurred after the Statutory Notice of Deficiency was issued on March 10, 2003”. However, in their prayer for relief, petitioners ask that we “determine that the award of litigation costs of $31,078.28 is reasonable”. Both the supporting affidavit attached to the motion and petitioners’ additional affidavit filed pursuant to Rule 232(d) list costs totaling $31,078.28. After examining the detailed summary of the nature and amount of each item of costs, for purposes of disposing of this motion, we conclude that the court costs and “fees paid or incurred for the services of attorneys in connection with the court proceeding” totaled $31,078.28. See sec. 7430(c)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011