Mary Lee Sharer - Page 2

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                           OPINION OF THE SPECIAL TRIAL JUDGE                                
                COUVILLION, Special Trial Judge:  These cases are before the                 
          Court on petitioner's motions for award of litigation and                          
          administrative costs pursuant to section 7430 and Rule 231.                        
          Neither party requested a hearing, and the Court concludes that a                  
          hearing is not necessary for the proper disposition of these                       
          motions.  Rule 232(a)(3).  These cases were consolidated for                       
          purposes of trial, briefing, and opinion.  Rule 141(a).                            

                                         Background                                          
                The motions for administrative and litigation costs involve                  
          petitioner's 1988 and 1989 tax years.2  In the notice of                           
          deficiency for 1988, respondent determined a deficiency in income                  
          tax of $26,691 and additions to tax under sections 6651(a)(1),                     
          6653(a)(1), and 6661 in the amounts of $6,665, $1,353, and                         
          $6,673, respectively.  In the notice of deficiency for 1989,                       
          respondent determined a deficiency in income tax of $12,399 and                    
          an accuracy-related penalty of $2,480 under section 6662(a).                       


          2                                                                                  
                Petitioner also has before the Court a motion for litigation                 
          and administrative costs in docket No. 25899-91 involving her                      
          1986 and 1987 tax years.  That case was tried, and the opinion of                  
          the Court is reported as T.C. Memo. 1994-453.  Several of the                      
          issues litigated in petitioner's 1986 and 1987 tax case are the                    
          same as or similar to the issues involving petitioner's 1988 tax                   
          year.  Where necessary, therefore, the Court here relies on the                    
          findings of the Court in T.C. Memo. 1994-453 (involving tax years                  
          1986 and 1987) as such findings relate to the merits of                            
          petitioner's motion for 1988.                                                      




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