Estate of Charles A. Lippitz, Deceased, Michael Lippitz, Administrator and Rhita S. Lippitz - Page 23




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          F.   Conclusion                                                             
               We find that petitioner is entitled to an award of                     
          litigation costs for all of the docketed cases from the date                
          respondent filed his answer to the amended petitions, as                    
          petitioner was the prevailing party, and respondent was not                 
          substantially justified.  Petitioner is also entitled to an award           
          of litigation costs for the period before respondent filed his              
          answer, on the basis that petitioner submitted a qualified offer            
          for taxable year 1985, and petitioner’s liability for 1985 was              
          found by this Court to be less than if respondent had accepted              
          this offer.  We note, however, that the record is insufficient to           
          distinguish petitioner’s litigation costs related to the 1985 tax           
          year from those related to the 1980 through 1984 tax years.                 
          Petitioner will bear the burden of demonstrating which costs                
          incurred between the qualified offer and respondent’s answer                
          should be allocated to the 1985 tax year.  Additionally,                    
          petitioner is entitled to an award of the costs associated with             
          the current motion.  See Commissioner, INS v. Jean, 496 U.S. 154,           
          161-162 (1990).                                                             
               To reflect the foregoing,                                              
                                             An appropriate order will be             
                                        issued.                                       










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