Legal Opinion

Greenberg v. Comm'r

United States Tax Court

Decided November 9, 2016No. Docket No. 9840-15Published

P, an attorney, seeks an award of administrative costs with respect to an administrative proceeding in which P represented a taxpayer. Held: I.R.C. sec. 7430 permits only a "prevailing party" to receive an award of reasonable administrative costs. Only a party to the underlying proceeding can be a prevailing party. Because P was not a party to the underlying administrative proceeding, he cannot be a prevailing party under the statute.

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P, an attorney, seeks an award of administrative costs with respect to an administrative proceeding in which P represented a taxpayer. Held: I.R.C. sec. 7430 permits only a "prevailing party" to receive an award of reasonable administrative costs. Only a party to the underlying proceeding can be a prevailing party. Because P was not a party to the underlying administrative proceeding, he cannot be a prevailing party under the statute. Therefore P is not the proper party to file a claim under I.R.C. sec. 7430, and we lack jurisdiction.

1Opinion of the Court

DAVID B. GREENBERG, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Greenberg v. Comm'r

Docket No. 9840-15

United States Tax Court

2016 U.S. Tax Ct. LEXIS 30; 147 T.C. No. 13; 112 T.C.M. (CCH) 4746;

November 9, 2016, Filed

An order of dismissal granting respondent's motion to dismiss for lack of jurisdiction will be entered.

P, an attorney, seeks an award of administrative costs with respect to an administrative proceeding in which P represented a taxpayer.

Held: I.R.C. sec. 7430 permits only a "prevailing party" to receive an award of reasonable administrative costs. Only a party to the…

2Cases cited26 opinions

  1. Gonzalez v. ThalerSupreme Court of the United States · 2012
  2. Henderson v. ShinsekiSupreme Court of the United States · 2011
  3. Stephens Ex Rel. RE v. AstrueCourt of Appeals for the Fourth Circuit · 2009
  4. Manning v. AstrueCourt of Appeals for the Tenth Circuit · 2007
  5. Breman v. CommissionerUnited States Tax Court · 1976

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