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records, and in a different format, present schedules prepared by
Agent Red. Haddad testified to this effect at the hearing.
In preparing the transfer report Haddad relied upon the
representations made to her by petitioners, or on their behalf by
their attorneys, that the questioned deposits reflected on the
various bank statements did not represent taxable income to
either Abraham or Lawrence. Haddad also had access to certain
records of Abraham's law practice that had not been provided to
Agent Red. Specifically she was given what were referred to by
Lawrence as "daily cash requirements" journals.
On August 5, 1993, Appeals Officer Hill was presented with
the reports prepared by Haddad. Based upon his review of these
reports, on August 26, 1993, he advised petitioners'
representatives of respondent's concession of the omitted income
and other adjustments. On October 13, 1993, the Court entered
stipulated decision documents in these cases. In connection with
petitioners' motions here under consideration, the stipulated
decisions were vacated and filed as stipulations of settlement on
November 19, 1993.
OPINION
Generally, section 7430 provides that in order to be
entitled to an award for reasonable administrative and litigation
costs the claimant must be a "prevailing party". Sec. 7430(a).
In order to be considered a prevailing party, the claimant must
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