- 2 - August 14, 1995, we decided that petitioners engaged in their cattle-raising activity for profit and that certain depreciation deductions claimed by petitioners were allowable for tax years 1987, 1988, and 1989. In addition, we found that petitioners were liable for negligence and substantial understatement additions to tax to the extent provided in our opinion. Finally, we held that petitioners were not liable for the increased rate of interest due on a substantial understatement attributable to a tax-motivated transaction under section 6621(c). Eldridge v. Commissioner, T.C. Memo. 1995-384. Our findings of fact and opinion in the underlying case are incorporated by this reference. Section 7430 provides, inter alia, that, in any administrative or court proceeding brought by or against the United States in connection with the determination, collection, or refund of any tax, interest, or penalty, the prevailing party may be awarded reasonable administrative costs and litigation 1(...continued) and Procedure, and all section references are to the Internal Revenue Code unless otherwise indicated. 2 Although petitioners moved the Court for an award of both litigation and administrative costs, the statement of costs claimed by petitioners, which was attached to the motion as required by Rule 231(b)(8), indicates that the costs were incurred in connection with the filing of the petition and thereafter. Accordingly, we treat petitioners' motion as a motion solely for litigation costs. See Huffman v. Commissioner, T.C. Memo. 1991-144, affd. in part, revd. in part, and remanded 978 F.2d 1139 (9th Cir. 1992).Page: Previous 1 2 3 4 5 6 7 Next
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