Vaughn v. Baldwin - United States Court Of Appeals For The Sixth Circuit

Vaughn v. Baldwin

By United States Court Of Appeals For The Sixth Circuit

  • Release Date: 1991-08-13
  • Genre: Law
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Vaughn v. Baldwin United States Court Of Appeals For The Sixth Circuit Book Review Score: ★★★★★ 5/5 stars

In civil actions where one of the parties is "the United States" defined to include "any agency and any official of the United States acting in his or her official capacity" -- the Equal Access to Justice Act, 28 U.S.C. § 2412, allows a prevailing party other than the United States to recover attorney fees if the position of the United States was not substantially justified. Under the Internal Revenue Code, similarly, a prevailing party may recover attorney fees in any proceeding "brought by or against the United States in connection with the determination, collection, or refund of any tax, interest, or penalty under [the Internal Revenue Code] . . . ." 26 U.S.C. § 7430.

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