Gerard and Audrey Kathleen Hennessey - Page 36




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               On April 30, 2003, petitioners filed a reply.  Pursuant to             
          petitioners’ request, an evidentiary hearing was conducted on               
          petitioners’ motion in Dallas, Texas.                                       
                                       OPINION                                        
               Administrative costs incurred in connection with an                    
          administrative proceeding may be awarded under section 7430(a)              
          only if a taxpayer:  (1) Is the prevailing party, and (2) did               
          not unreasonably protract the administrative proceeding.  Sec.              
          7430(a) and (b)(3).14  Similarly, litigation costs incurred in              
          connection with a court proceeding may be awarded only if a                 
          taxpayer:  (1) Is the prevailing party; (2) has exhausted his or            
          her administrative remedies within the IRS; and (3) did not                 
          unreasonably protract the court proceeding.  Sec. 7430(a) and               
          (b)(1), (3).                                                                
               A taxpayer must satisfy each requirement in order to be                
          entitled to an award of administrative or litigation costs under            
          section 7430.  Sec. 7430(a)(1) and (2), (c)(1) and (2); Rule                
          232(e).                                                                     
               To be a “prevailing party”, the taxpayer must:  (1)                    
          Substantially prevail with respect to either the amount in                  

               14 Administrative costs include only the costs incurred on             
          or after the earlier of:  (1) The date of receipt by the taxpayer           
          of the decision by the Appeals Office; (2) the date of the notice           
          of deficiency; or (3) the date on which the first letter of                 
          proposed deficiency which allows the taxpayer an opportunity for            
          administrative review in the IRS Appeals Office is sent.  Sec.              
          7430(c)(2).                                                                 





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