Henry P. and Darlene C. Brantley - Page 13

                                                 -13-                                                   
            in purchase price; and (4)  the  "hazards  of  litigation".                                 
            Accordingly, when this case was called for trial on March 20, 1995,                         
            respondent's counsel informed the Court that a basis for settlement                         
            had been reached and that respondent was conceding the case.                                
                  On June 8, 1995, petitioners filed a Motion for Litigation and                        
            Administrative Costs in the total amount of $19,483.51, and a $60                           
            filing fee.                                                                                 
            Discussion                                                                                  
                  A prevailing party may be awarded a judgment for reasonable                           
            litigation costs incurred in connection with a Court proceeding                             
            pursuant to section 7430, as amended by the Technical and                                   
            Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 6239, 102                          
            Stat. 3342, 3743-3746 (applicable to petitions filed after November                         
            10, 1988).  See also Rule 231.  The petition in this case was filed                         
            on June 14, 1994.                                                                           
                  An individual taxpayer must meet seven requirements in order                          
            to be awarded reasonable litigation and administrative costs under                          
            section 7430.  The taxpayer must:                                                           
                  (1) Timely file a motion for litigation and administrative                            
            costs.  Rule 231(a).  Petitioners met this requirement.                                     
                  (2) Substantially prevail in the proceeding in this Court.                            
            Sec. 7430(c)(4)(A)(ii).  Respondent concedes that petitioners met                           
            this requirement.                                                                           








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011