-11- For the reasons stated below, we find it unnecessary to address the issues of whether the position of respondent was substantially justified in this matter, whether petitioner exhausted administrative remedies, and whether petitioner unreasonably protracted the Court and administrative proceedings. Petitioner Must Pay or Incur Fees and Costs Upon examination of the record in this case, we conclude that petitioner has not carried her burden of proving that she has paid or incurred any costs in connection with these administrative or judicial proceedings as required by statute and the Rules of this Court. Sec. 7430(a)(1) and (2) (reasonable litigation and administrative costs "incurred"); Rule 231(d) (reasonable litigation and administrative costs "paid or incurred"). In Hong v. Commissioner, 100 T.C. 88 (1993), a husband and wife filed a joint Federal income tax return, were issued a joint statutory notice, filed a joint petition, and had a combined net worth greater than $2 million, but less than $2 million each. This Court held that each petitioner met the net worth requirements of 28 U.S.C. sec. 2412(d)(2)(B) (1994), incorporated into section 7430(c)(4)(A)(iii). The latter section, we said, speaks in terms of an individual. However, an individual must demonstrate that he or she has incurred or paid the costs and fees for which an award is sought. See Prager v. Commissioner, T.C. Memo. 1994-420; cf. Hong v. Commissioner, supra at 92 n.2.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011