- 7 - Administrative and litigation costs may be awarded if the taxpayer (1) is the prevailing party, (2) exhausted available administrative remedies, (3) did not unreasonably protract the court proceedings, and (4) claimed reasonable litigation costs. Sec. 7430(a), (b)(1), (b)(3), (c)(1). The requirements of section 7430 are conjunctive, and failure to satisfy any one of the requirements precludes an award of costs. Goettee v. Commissioner, 124 T.C. 286, 289 (2005), affd. 192 Fed. Appx. 212 (4th Cir. 2006). Furthermore, section 7430 is a waiver of sovereign immunity and must be strictly construed in the Government’s favor. Estate of Cervin v. Commissioner, 200 F.3d 351, 355 (5th Cir. 2000), affg. T.C. Memo. 1998-176; Simpson v. Commissioner, T.C. Memo. 1995-194. To be the prevailing party, the taxpayer must substantially prevail with respect to either the amount in controversy or the most significant issue, or set of issues, presented. Sec. 7430(c)(4)(A)(i). In addition, the taxpayer must meet certain net worth requirements. Sec. 7430(c)(4)(A)(ii). The taxpayer will not be treated as the prevailing party, however, if the Commissioner establishes that the Commissioner’s position was substantially justified. Sec. 7430(c)(4)(B); see also Pierce v. Underwood, 487 U.S. 552, 565 (1988). Respondent concedes that petitioners exhausted all administrative remedies, did not unreasonably protract the courtPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007