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OPINION OF THE SPECIAL TRIAL JUDGE
DEAN, Special Trial Judge: This matter is before the Court
pursuant to petitioners' motion for award of reasonable
litigation costs under section 7430 and Rule 231.
References to petitioner are to James H. Swanson.
The matter before us involves petitioners' combined use of a
domestic international sales corporation, a foreign sales
corporation, and two separate individual retirement accounts as a
means of deferring the recognition of income. Respondent
zealously strove to characterize this arrangement, as well as an
unrelated sale by petitioners of their Illinois residence, as tax
avoidance schemes. A protracted period of entrenchment ensued,
during which the parties firmly established their respective
positions, neither side wavering from its conviction that it was
in the right. Ultimately, however, these issues were resolved by
respondent's notice of no objection to petitioners' motion for
partial summary judgment as well as the entry of an agreed
decision document, which was later set aside and filed as a
stipulation of settlement. As a consequence, petitioners now
seek redress for what they claim were unreasonable positions
taken by respondent.
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Last modified: May 25, 2011