- 2 - substantially justified. We conclude that petitioner has not made this showing. Thus, petitioner's motion will be denied. The parties have submitted affidavits and memoranda supporting their positions. We decide the motion based on the memoranda, affidavits, and exhibits attached to the affidavits.1 The parties do not dispute the facts in the affidavits or the authenticity of the exhibits attached to the affidavits. There are no significant conflicts of fact presented by the affidavits. Neither party requested a hearing. We conclude that a hearing is not necessary to decide this motion. Rule 232(a)(3). Section references are to the Internal Revenue Code in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Background 1. Petitioner and the Underlying Tax Case 1 By motion, petitioner asked us not to consider affidavits and exhibits attached to respondent's memorandum. The affidavits and exhibits generally addressed whether respondent's position had the requisite basis in fact. We denied petitioner's motion because our Rules allow parties to submit affidavits in connection with a motion for an award of administrative and litigation costs. Rules 231, 232; see Rule 34(b) (taxpayer may not claim litigation costs in petition); Rule 70(a)(2) (no discovery relevant to litigation costs without leave of Court before hearing set on motion for litigation costs). However, as we stated in denying petitioner's motion, neither party requested a hearing or suggested that there is any factual dispute relating to the affidavits or exhibits submitted by the parties. We also stated that we would consider the affidavits and exhibits only to decide petitioner's motion for administrative and litigation costs.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011