- 13 - The Court need not and does not reach the issue of whether respondent’s position in the proceeding was substantially justified. Conclusion Petitioners are not entitled to litigation costs because they have not exhausted their available administrative remedies within the IRS, as required by section 7430(b)(1). Accordingly, petitioners’ motion for litigation costs is denied. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011