- 2 - This matter is before the Court on petitioners’ motion for administrative and litigation costs under section 7430 and Rule 231 (motion). Although petitioners’ motion sought an award for both litigation and administrative costs, petitioners do not appear to have any administrative costs. The first time entry on the billing statement submitted by petitioners’ certified public accountant (C.P.A.) was “Prepare Tax Court petition”. This time entry and the nine time entries that followed were not dated. Based on the descriptions, the Court concludes that these entries represent costs that were incurred in connection with either the preparation or the filing of the petition with the Court. Hence, they are litigation costs. See sec. 7430(c)(1); sec. 301.7430- 4(c)(3), Proced. & Admin. Regs. The remaining time entries are also litigation costs, because they were dated after the petition’s filing date. Sec. 301.7430-4(c)(3), Proced. & Admin. Regs. Accordingly, the Court will treat petitioners’ motion as a motion for the recovery only of litigation costs. Respondent agrees that petitioners: (1) Have not unreasonably protracted the court proceedings; (2) have claimed a reasonable amount of costs; (3) have substantially prevailed with respect to the amount in controversy and with respect to the most significant issue presented in the court proceedings; and (4) have met the net worth requirements as provided by law.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011