- 35 - 10/24/02 Draft of request .25 for Appeals Office conference 10/29/02 Draft of request .25 for Appeals Office conference 2/28/03 - 3/28/03 Review and analysis 13.25 of IRS Notice of Determination of Worker Reclassification, several conferences with client and her workers. Research of Federal tax laws and numerous cases The issue for decision is whether these are recoverable as litigation fees. Section 301.7430-4(c)(3)(i), Proced. & Admin. Regs., provides that litigation costs include “Costs incurred in connection with the preparation and filing of a petition with the United States Tax Court or in connection with the commencement of any other court proceeding”. Two examples are provided in section 301.7430-4(c)(4), Proced. & Admin. Regs.,7 and we find aspects of the reasoning of each to be applicable here. Section 301.7430-4(c)(4), Examples (1) and (2), Proced. & Admin. Regs., provides: 7We note that the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3101(a)(2), 112 Stat. 727, expanded the period for which administrative costs are recoverable. See sec. 7430(c)(2)(B). Although the examples have not been updated to reflect this change, petitioner has requested only litigation costs; thus, the examples are applicable here.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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