- 26 - conclude that petitioner was the prevailing party as defined by section 7430(c)(4)(A). B. Reasonableness of Costs Claimed 1. Amount of Costs Claimed Section 7430 permits a taxpayer to recover both reasonable administrative costs16 and reasonable litigation costs17. The amount of reasonable attorney’s fees that we may award is limited by statute and adjusted for cost of living.18 Sec. 7430(c)(1)(B)(iii) (and flush language). A taxpayer may recover attorney’s fees in excess of the statutory limit in the presence of one or more of the following special factors: (1) Limited availability of qualified attorneys for the proceeding, (2) 16Sec. 7430(c)(2) defines reasonable administrative costs to mean the expenses, costs, and fees described in sec. 7430(c)(1)(B) incurred on or after the earliest of the date of the receipt by the taxpayer of the notice of decision of the Appeals Office, the date of the notice of deficiency, or the date on which the first letter of proposed deficiency that allows the taxpayer the opportunity for administrative review by the Appeals Office is sent. 17Sec. 7430(c)(1) defines reasonable litigation costs to include, among other things, reasonable court costs and reasonable fees paid or incurred for the services of attorneys in connection with the court proceeding (attorney’s fees). Attorney’s fees are limited by statute and adjusted for cost of living. Sec. 7430(c)(1)(B)(iii) (and flush language). 18Rev. Proc. 2001-59, 2001-2 C.B. 623, 628; Rev. Proc. 2002- 70, 2002-2 C.B. 845, 850; and Rev. Proc. 2003-85, 2003-2 C.B. 1184, 1190, respectively, provide that, for fees incurred in calendar years 2002-2004, the attorney fee award limitation under sec. 7430(c)(1)(B)(iii) is $150 per hour.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011