John M. & Rebecca A. Dunaway - Page 22

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               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.                                         




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