- 22 - 23-P fails even the broadly permissive test of rule 401 of the Federal Rules of Evidence. See also Fed. R. Evid. 403. We sustain respondent’s relevance objection to Exhibit 23-P, and so need not deal with respondent’s hearsay objection. B. In General The Congress has provided for the awarding of litigation costs to a taxpayer who satisfies a series of requirements. Sec. 7430.15 15 Sec. 7430 provides, in pertinent part, as follows: SEC. 7430. AWARDING OF COSTS AND CERTAIN FEES. (a) In General.--In any administrative or court proceeding which is brought by or against the United States in connection with the determination, collection, or refund of any tax, interest, or penalty under this title, the prevailing party may be awarded a judgment or a settlement for-- * * * * * * * (2) reasonable litigation costs incurred in connection with such court proceeding. (b) Limitations.-- (1) Requirement that administrative remedies be exhausted.--A judgment for reasonable litigation costs shall not be awarded under subsection (a) in any court proceeding unless the court determines that the prevailing party has exhausted the administrative remedies available to such party within the Internal Revenue Service. * * * * * * * * * * (c) Definitions.--For purposes of this section-- (continued...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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