- 2 - 7430.1 In accordance with Rule 232, the parties have filed affidavits and memoranda in support of their respective positions. The primary issues to be addressed are: (1) Whether petitioner exhausted the administrative remedies available to her within the Internal Revenue Service as required by section 7430(b)(1) and is eligible for an award of litigation costs; (2) whether the position of the United States in the administrative proceeding was substantially justified so as to preclude an award of administrative costs to petitioner under section 7430(c)(4)(B); (3) whether the position of the United States in this Tax Court proceeding was substantially justified so as to preclude an award of litigation costs to petitioner under section 7430(c)(4)(B); and (4) in the event that petitioner is determined to be entitled to recover administrative and/or litigation costs, whether she is entitled to recover, as part of her litigation costs, any additional expense she incurs in pursuing this motion. Background At the time that she filed her petition, petitioner resided in Tulsa, Oklahoma. On the Federal income tax return that she filed for 2002, petitioner claimed that she was entitled to head of household filing status and a $4,522 refund. Among other things on her 2002 return, petitioner claimed (1) dependency 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011