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Therefore, the only issue for decision was whether petitioner was
liable for the penalty pursuant to section 6662(a).
In a letter dated October 18, 2003, petitioner made a
qualified offer of settlement pursuant to section 7430(c)(4) and
(g). In this offer, petitioner conceded the deficiencies for tax
years 1999 and 2000 and stated that no penalties shall be
imposed. Respondent did not accept this qualified offer.
On March 23, 2005, this Court filed an opinion finding that
petitioner had reasonable cause and acted in good faith as to any
underpayment and was therefore not liable for the accuracy-
related penalty.
On April 27, 2005, petitioner filed a motion for award of
litigation costs and related costs. Petitioner seeks to recover
costs incurred subsequent to the date petitioner made its
qualified offer of settlement and prior to the date this Court
filed its opinion in this case. Petitioner further seeks costs
in connection with the preparation of the motion for award of
litigation costs and related costs. Moreover, petitioner seeks
costs in connection with the preparation of petitioner’s reply to
respondent’s opposition to petitioner’s motion for award of
litigation costs and related costs.
Discussion
Section 7430 provides for the award of litigation costs to a
taxpayer in a court proceeding brought against the United States
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