Legal Opinion

Bayer v. Commissioner

United States Tax Court

Decided June 24, 1991No. Docket No. 11408-89UnpublishedCited by 3 opinions

Petitioner filed a motion for administrative and litigation costs requesting reimbursement pursuant to Rule 33(b), Tax Court Rules of Practice and Procedure, or alternatively, section 7430, Internal Revenue Code.

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Petitioner filed a motion for administrative and litigation costs requesting reimbursement pursuant to Rule 33(b), Tax Court Rules of Practice and Procedure, or alternatively, section 7430, Internal Revenue Code. Held: Because of the Federal Government's sovereign immunity, the Internal Revenue Code is the basic authority allowing an award of administrative and litigation costs against the Federal Government for cases involving Federal taxes as defined in section 7430. Pursuant to section 7430, respondent's position regarding whether the notices of deficiency were mailed to petitioner's last…

1Opinion of the Court

NANCY J. JOHNSON BAYER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Bayer v. Commissioner

Docket No. 11408-89

United States Tax Court

T.C. Memo 1991-282; 1991 Tax Ct. Memo LEXIS 325; 61 T.C.M. (CCH) 2980; T.C.M. (RIA) 91282;

June 24, 1991, Filed

Petitioner filed a motion for administrative and litigation costs requesting reimbursement pursuant to Rule 33(b), Tax Court Rules of Practice and Procedure, or alternatively, section 7430, Internal Revenue Code. Held: Because of the Federal Government's sovereign immunity, the Internal Revenue Code is the basic authority allowing an award of…

2Cases cited20 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  3. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  4. United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
  5. Ruckelshaus v. Sierra ClubSupreme Court of the United States · 1983

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3Cited by3 opinions

  1. Clair S. Huffman v. Commissioner Of Internal RevenueCourt of Appeals for the Ninth Circuit · 1992
  2. Huffman v. CommissionerCourt of Appeals for the Ninth Circuit · 1992
  3. McConaughy v. United StatesDistrict Court, D. Maryland · 1993

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