Tae M. & Young J. Kim - Page 12




                                       - 12 -                                         
               In the Court’s Opinion, the Court addressed the $622 inter-            
          est determination, the $16 Travelers Prop. determination, the $8            
          WSB interest determination, petitioners’ alleged capital gain               
          issue, and petitioners’ alleged capital loss issue.  In the                 
          Court’s Opinion, the Court held for respondent on all of the                
          foregoing issues except the $8 WSB interest determination.                  
               In petitioners’ motion and the affidavit attached thereto,             
          petitioners claimed the following litigation costs (claimed                 
          litigation costs):                                                          
               Tax Court filing fee: $60.00                                           
               Mailing costs: $90.15                                                  
               Delivery fee: $330.00                                                  
               Consultation costs: $2,900.00                                          
               Document preparation: $640.45                                          
               Parking fee: $96.40                                                    
               Transportation: $647.50                                                
               Telephone calls: $82.40                                                
          Petitioners did not provide any additional information with                 
          respect to the claimed litigation costs.                                    
                                     Discussion                                       
               As pertinent here, section 7430(a) authorizes an award to              
          the prevailing party of reasonable litigation costs incurred in             
          connection with a case brought in the Court against the Commis-             
          sioner of Internal Revenue (Commissioner) involving the determi-            
          nation of any tax, interest, or penalty under the Code.  The term           
          “prevailing party” means, in general, any party who (1) has                 
          substantially prevailed with respect to (a) the amount in contro-           
          versy, sec. 7430(c)(4)(A)(i)(I), or (b) the most significant                






Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 10, 2007