- 8 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011