National Industrial Investors, Inc. - Page 2

                  Donald Del Grande, for petitioner.                                                   
                  Elaine L. Sierra, for respondent.                                                    

                                SUPPLEMENTAL MEMORANDUM OPINION                                        

                  NIMS, Judge:  This matter is before the Court on                                     
            petitioner's Motion for Litigation and Administrative Costs                                
            (motion for costs) filed pursuant to Rule 231 and section 7430 on                          
            April 26, 1996.  Unless otherwise indicated, all Rule references                           
            are to the Tax Court Rules of Practice and Procedure.  All                                 
            section references are to sections of the Internal Revenue Code                            
            in effect during 1989 and 1990.                                                            
                  The merits of the underlying case were decided in National                           
            Industrial Investors, Inc. v. Commissioner, T.C. Memo. 1996-151,                           
            filed March 26, 1996, and to the extent necessary for the                                  
            disposition of this motion, the facts and holdings in T.C. Memo.                           
            1996-151 are incorporated herein by this reference.  We shall                              
            repeat the facts as necessary to clarify the following                                     
            discussion.                                                                                
                  Respondent issued a statutory notice of deficiency on                                
            September 16, 1993.  A petition was filed on November 22, 1993.                            
            At that time, petitioner (NII), a California corporation, had its                          
            principal office at 956 Jackling Drive, Hillsborough, California                           
            94010.  On January 18, 1994, respondent filed an answer to the                             
            petition, which she subsequently amended twice.  The trial took                            
            place on December 6, 1994 at San Francisco, California, and                                






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