- 36 - 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).Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: November 10, 2007