Windsor Production Corporation - Page 6

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          Respondent conceded the accumulated earnings tax issue after                
          trial and after petitioner filed its opening brief.                         
                                     Discussion                                       
          1. Motion for Litigation Costs:  Introduction                               
              Generally, a taxpayer who has substantially prevailed in a              
          Tax Court proceeding may be awarded reasonable litigation costs.            
          Sec. 7430(a)(2).  To be entitled to an award, the taxpayer must:            
              (a)  Exhaust administrative remedies.  Sec. 7430(b)(1).                 
          Respondent concedes that petitioner meets this requirement.                 
              (b) Substantially prevail with respect to the amount in                 
          controversy.  Sec. 7430(c)(4)(A)(ii)(I).  Respondent concedes               
          that petitioner meets this requirement.                                     
              (c) Show that the position of the United States in the                  
          action was not substantially justified.  Sec. 7430(c)(4)(A)(i)              
          (1988).  Respondent contends that petitioner does not meet this             
          requirement.  Petitioner contends and we hold that petitioner               
          meets this requirement.                                                     
              (d)  Be an individual whose net worth did not exceed                    
          $2,000,000, or an owner of an unincorporated business, or any               
          partnership, corporation, etc., the net worth of which did                  
          not exceed $7,000,000, when the petition was filed.  Sec.                   
          7430(c)(4)(A)(iii); 28 U.S.C. sec. 2412(d)(2)(B).  Respondent               
          concedes that petitioner meets this requirement.                            
              (e)  Establish that the amount of costs and attorney's                  
          fees claimed by petitioner is reasonable.  Sec. 7430(a), (c)(1).            



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