- 5 - The Positions of the Parties The Estate’s Position: The estate’s motion for costs and attorney’s fees asserts that the estate is entitled to an award of reasonable litigation costs pursuant to section 7430(a)(2). In support thereof, the executor of the estate argues that “the purpose of section 7340 [sic] is to compensate taxpayers who are put to unnecessary expense by having to resist unreasonable positions taken by the Government in administrative or judicial proceedings.” The executor argues that “the attorney’s fees and costs claimed in this [sic] were caused by the Respondent’s failure to follow normal administrative procedures. In light of this conduct, Respondent should not be heard to say that his position was reasonable.” (Emphasis supplied.) The executor argues that respondent was put on notice of Ms. White’s death when the estate applied for an employer identification number, and when the estate filed income tax returns using that employer identification number. The executor complains that when respondent received Forms 1099 in the name of Ms. White, respondent did not run “a matching program on 1099 [sic] data” and did not attempt to reconcile the discrepancies by sending explanation requests to the taxpayer. The executor further complains that respondent did not issue a 30-day letter, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011