Kenneth C. Rathbun, et al. - Page 8

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          decision on such a motion shall be rendered “if the pleadings,              
          answers to interrogatories, depositions, admissions, and any                
          other acceptable materials, together with the affidavits, if any,           
          show that there is no genuine issue as to any material fact and             
          that a decision may be rendered as a matter of law.”  See                   
          Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd.            
          17 F.3d 965 (7th Cir. 1994).                                                
          II.  Section 7430                                                           
               Section 7430 provides for the award of administrative costs            
          in any administrative proceeding which is brought by or against             
          the United States in connection with the determination,                     
          collection, or refund of any tax, interest, or penalty pursuant             
          to the Internal Revenue Code.  An award of administrative costs             
          may be made where the taxpayer:  (1) Is the “prevailing party”;             
          (2) did not unreasonably protract the administrative proceedings;           
          (3) filed an application for administrative costs before the 91st           
          day after the date on which the final decision of the IRS was               
          made; and (4) claimed reasonable administrative costs.  Sec.                
          7430(a), (b)(3) and (4).  Our focus is on whether petitioners               
          were prevailing parties in their administrative proceedings with            
          the IRS.                                                                    
               To be a prevailing party, the taxpayer must substantially              
          prevail with respect to either the amount in controversy or with            
          respect to the most significant issue or set of issues presented,           






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