Morton and Anne Kwestel - Page 6




                                        - 6 -                                         
          Appeals Office a notice of decision, (2) the date of respondent’s           
          notice of deficiency, or (3) the date respondent mails a first              
          letter of proposed deficiency giving the taxpayer a right to                
          protest to respondent’s Appeals Office (commonly referred to as a           
          30-day letter).  The flush language of section 7430(c)(2)                   
          provides as follows:                                                        

               Such term [administrative costs] shall only include                    
               costs incurred on or after whichever of the following                  
               is the earliest:  (i) the date of the receipt by the                   
               taxpayer of the notice of the decision of * * *                        
               [respondent’s Appeals Office]; (ii) the date of the                    
               notice of deficiency; or (iii) the date on which the                   
               1st letter of proposed deficiency which allows the                     
               taxpayer an opportunity for administrative review in                   
               * * * [respondent’s Appeals Office] is sent.                           

               Because respondent’s first letter of proposed deficiency               
          (i.e., a so-called 30-day letter) typically is mailed to a                  
          taxpayer by respondent’s Examination Division prior to any                  
          contact between the taxpayer and respondent’s Appeals Office,               
          Congress clearly contemplated that under section 7430(c)(2)                 
          taxpayers would be able to recover administrative costs                     
          independently of any actual subsequent court litigation and                 
          independently of any claim for recovery of litigation costs.                
               Also applicable, however, to a claim for reimbursement of              
          administrative costs under section 7430, is the requirement that            
          a taxpayer must qualify as a “prevailing party”.  Sec. 7430(a).             
          For a taxpayer to qualify as a prevailing party, respondent’s               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 10, 2007