- 11 - contained in petitioner’s affidavit, on or before January 31, 2005. Although petitioner did not submit the requested documents before January 7, 2005, respondent submitted a supplemental response, which we filed on January 28, 2005. On February 7, 2005, we received and filed petitioner’s motion for leave to file supplemental declaration supporting petitioner’s motion for litigation and administrative costs out of time, which we granted. On February 9, 2005, we filed petitioner’s supplemental declaration, which contained billing records for fees and costs petitioner’s attorneys had charged to common accounts for two separate groups of Hoyt investor clients. The billing records provided specific information about the nature of the work performed for the benefit of both groups of Hoyt investor clients and included charges to the common accounts that were computed using an hourly rate of $195 for two of petitioner’s attorneys. Discussion Section 7430(a) authorizes the award of reasonable administrative and litigation costs to the prevailing party in administrative or court proceedings brought by or against the United States in connection with the determination of income tax. In addition to being the prevailing party, in order to receive an award of reasonable litigation costs, a taxpayer must exhaust administrative remedies and not unreasonably protract thePage: 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