- 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’sPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007