Bradley K. Morrison - Page 5

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                                     Discussion                                       
               Section 7430 provides for the award of litigation costs                
          incurred in connection with a court proceeding brought against              
          the United States involving the determination of any tax,                   
          interest, or penalty pursuant to the Internal Revenue Code.  An             
          award of litigation costs may be made where the taxpayer (1) is             
          the “prevailing party”, (2) exhausted available administrative              
          remedies, (3) did not unreasonably protract the judicial                    
          proceeding, and (4) claimed reasonable litigation costs.  Sec.              
          7430(a), (b)(1), (3), and (c).  These requirements are                      
          conjunctive, and petitioner has the burden of establishing that             
          all of these requirements have been satisfied.  See Rule 232(e);            
          Minahan v. Commissioner, 88 T.C. 492, 496-497 (1987).                       
               For the reasons stated below, we find it unnecessary to                
          address whether the position of the respondent was substantially            
          justified in this matter, whether petitioner unreasonably                   
          protracted the proceedings, or whether the costs claimed are                
          reasonable.                                                                 
          Petitioner Must Pay or Incur Fees and Costs                                 
               A party’s award for litigation costs is limited to the costs           
          that the party actually paid or incurred.  Sec. 7430(a)(2),                 
          (c)(1)(B)(iii); Foothill Ranch Co. Pship. v. Commissioner, 110              
          T.C. 94, 101 (1998)(holding that a partner may receive an award             
          for litigation costs only to the extent such fees paid by the               






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