Betty W. Thompson - Page 9

                                         -9-                                          
               The Court ordered the parties to meet and attempt to prepare           
          a stipulation of agreed facts "relevant to the issue of                     
          petitioner `paying' or `incurring' the costs claimed in                     
          petitioner's motion".  In response thereto, petitioner filed an             
          affidavit with the Court.  The affidavit, sworn "to the best of             
          her knowledge and belief" on January 30, 1995, states in                    
          paragraph 5 that petitioner has "incurred and paid" fees and                
          costs in the amount of $67,371.                                             
               On April 3, 1995, the Court, once again, ordered the parties           
          to file a stipulation of facts "regarding whether petitioner                
          `paid' or `incurred' the litigation and administrative costs" at            
          issue.  On May 2, 1995, the parties filed a stipulation of facts.           
          Attached to the stipulation, as Joint Exhibit 7-G, is a copy of a           
          check drawn by petitioner to her husband in the amount of                   
          $67,371, dated February 1, 1995.                                            
               Petitioner is not employed, and although she receives                  
          occasional dividend income, most of her income and assets have              
          come from Mr. Thompson directly or indirectly.                              
                                     Discussion                                       
               Section 7430(a) provides that, in the case of any                      
          administrative or court proceedings 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 a judgment for reasonable administrative              
          costs incurred in connection with any administrative proceedings            




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