- 6 - Petitioners’ case was assigned to an attorney for respondent on December 5, 2006. Over the next 2 weeks, the parties exchanged correspondence. In a letter dated December 19, 2006, respondent’s counsel indicated she had read and agreed with the legal analysis set forth in petitioners’ July 11 letter. Respondent’s counsel also stated, however, that factual issues remained unresolved. Respondent’s counsel asked for evidence establishing that petitioners had held the Roth IRAs for 5 years and that petitioners had incurred first-time homebuyer expenses. Petitioners provided the requested information, and on January 10, 2007, respondent conceded that the distributions were not taxable. On January 24, 2007, Mr. Elder filed an entry of appearance. In February 2007, petitioners filed the motion for an award of administrative and litigation costs. Respondent filed an objection to the motion, and petitioners filed a reply. Discussion I. In General Section 7430(a) allows a taxpayer to recover reasonable administrative and litigation costs. Recoverable costs include reasonable court costs, postage expenses, and attorney’s fees. Sec. 7430(c)(1) and (2); Dunaway v. Commissioner, 124 T.C. 80 (2005).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007