Michael J. Downing and Sandra M. Downing - Page 8

                                        - 8 -                                         
                                     Discussion                                       
          A. In General                                                               
               The Congress has provided for the awarding of litigation and           
          administrative costs to a taxpayer who satisfies a series of                
          requirements.  Sec. 7430.4                                                  

               4 Section 7430 provides, in pertinent part, as follows:                
               SEC. 7430.  AWARDING OF COSTS AND CERTAIN FEES.                        
                    (a)  In General.–-In any administrative or court                  
               proceeding which is brought by or against the United States            
               in connection with the determination, collection, or refund            
               of any tax, interest, or penalty under this title, the                 
               prevailing party may be awarded a judgment or a settlement             
               for–-                                                                  
                         (1) reasonable administrative costs incurred in              
                    connection with such administrative proceeding within             
                    the Internal Revenue Service, and                                 
                         (2) reasonable litigation costs incurred in                  
                    connection with such court proceeding.                            
                    (b)  Limitations.--                                               
                    *      *      *      *      *      *      *                       
                         (3)  Costs denied where party prevailing                     
                    protracts proceedings.--No award for reasonable                   
                    litigation and administrative costs may be made                   
                    under subsection (a) with respect to any portion                  
                    of the administrative or court proceeding during                  
                    which the prevailing party has unreasonably                       
                    protracted such proceeding.                                       
                    *      *      *      *      *      *      *                       
                    (c)  Definitions.--For purposes of this section--                 
                    *      *      *      *      *      *      *                       

                                                             (continued...)           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011