Michael J. Downing and Sandra M. Downing - Page 11

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               4(...continued)                                                        
                                  (iii) Special rules.-–If this                      
                              subparagraph applies to any court proceeding–           
                         *      *      *      *      *      *      *                  
                                   (II) reasonable administrative and                 
                              litigation costs shall only include                     
                                   costs incurred on and after the date of            
                                   such offer.                                        
                              (iv) Coordination.--This subparagraph                   
                         shall not apply to a party which is a                        
                              prevailing party under any other provision of           
                              this paragraph.                                         
                         *      *      *      *      *      *      *                  
                         (5) Administrative proceedings.–-The term                    
                    “administrative proceeding” means any procedure or                
                    other action before the Internal Revenue Service.                 
                         (6) Court proceedings.–-The term “court                      
                    proceeding” means any civil action brought in a court             
                    of the United States (including the Tax Court * * *).             
                         (7) Position of the United States.–-The term                 
                    “position of the United States” means–-                           
                              (A) the position taken by the United States             
                         in a judicial proceeding to which subsection (a)             
                         applies, and                                                 
                              (B) the position taken in an administrative             
                         proceeding to which subsection (a) applies as of             
                         the earlier of--                                             
                              (i) the date of the receipt by the                      
                              taxpayer of the notice of the decision of the           
                              Internal Revenue Service Office of Appeals,             
                              or                                                      
                              (ii) the date of the notice of                          
                              deficiency.                                             
                                                             (continued...)           





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