- 22 - Petitioners are awarded an additional $11.25 for mileage and $3 for parking to attend the May 4, 2004, hearing. Conclusion In summary, based on respondent’s concessions and our conclusions, petitioners are awarded litigation costs for the Court filing fee, various postage and delivery charges, mileage 13(...continued) however, those regulations relating specifically to administrative costs also expressly provide that additional out- of-pocket costs, when billed separately by a litigant’s attorney, may be recoverable as administrative costs, as follows: necessary costs incurred for travel; expedited mail delivery; messenger service; expenses while on travel; long distance telephone calls; and necessary copying fees imposed by the Internal Revenue Service, any court, bank or other third party * * * may be reasonable administrative costs. [Sec. 301.7430- 4(c)(2), Proced. & Admin. Regs.] Another noteworthy point is that the regulations promulgated under sec. 7430(c)(2) (relating to administrative costs) contain a subparagraph which make reference to litigation costs as follows: Litigation costs include-- (i) Costs incurred in connection with the preparation and filing of a petition with the United States Tax Court or in connection with the commencement of any other court proceeding; and (ii) Costs incurred after the filing of a petition with the United States Tax Court or after the commencement of any other court proceeding. [Sec. 301.7430-4(c)(3), Proced. & Admin. Regs.] As will be noted, the above language in subdiv. (ii) of the regulation provides no list or enumeration comparable to the list set forth in the statutory language of sec. 7430(c)(1)(A) through (B)(iii), and it broadly and simply refers, without any limitation, to “litigation costs” as those “costs” incurred relating to the handling of a case.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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