- 8 - also seek reimbursement for travel costs to “the United States small claims court” and “all associated costs pertaining to this case”. As relevant herein, a petition for redetermination of deficiency under section 6213(a) shall contain the assignments of error and the relief sought by the taxpayer. Rule 34(b)(4), (6). A claim for reasonable litigation or administrative costs, however, shall not be included in the petition in a deficiency action. Rule 34(b)(8). Rather, as relevant herein, a taxpayer who has substantially prevailed and who wishes to claim reasonable litigation and administrative costs may file a motion within 30 days after the service of a written opinion determining the issues in the case. Rule 231(a); see sec. 7430(a). By virtue of Rule 34(b)(8), petitioners’ claim for reasonable litigation or administrative costs in their petition is premature. See Rule 231(a). Accordingly, we do not consider petitioners’ claim at this time.5 5 Apart from the time and manner of making a claim for reasonable litigation and administrative costs, we note that it cannot be said that petitioners were the prevailing party, see sec. 7430(a), (c)(4), because all of the issues in dispute were decided in respondent’s favor.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011