Richard Edwin and Eva Ruth Elder - Page 7




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               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 court            







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