Carolyn B. Cooper - Page 5




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          administrative costs.  Under the circumstances, we shall consider           
          the amended motion only as a motion for an award of reasonable              
          litigation costs.  The stipulated decision was vacated, and the             
          decision document was filed as a stipulation of settlement on               
          April 27, 1998.                                                             
               Neither party requested an evidentiary hearing, and the                
          Court concludes that such a hearing is not necessary for the                
          proper disposition of petitioner's amended motion.  Rule                    
          232(a)(2).  We therefore decide the matter before us based on the           
          record.                                                                     
               Under section 7430(a), a judgment for litigation costs                 
          incurred in connection with a court proceeding may be awarded               
          only if a taxpayer is the "prevailing party", has exhausted his             
          or her administrative remedies within the Service, and did not              
          unreasonably protract the court proceeding.  Sec. 7430(a) and               
          (b)(1), (3).  The taxpayer also must prove that the court costs             
          are reasonable.  Sec. 7430(c)(1).  The taxpayer must                        
          substantially prevail with respect to either the amount in                  
          controversy or the most significant issue or set of issues                  
          presented and satisfy the applicable net worth requirement.  Sec.           
          7430(c)(4)(A).  A taxpayer must satisfy each of the respective              
          requirements in order to be entitled to an award of litigation              
          costs under section 7430.  Rule 232(e); Minahan v. Commissioner,            
          88 T.C. 492, 497 (1987).                                                    





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