Betty W. Thompson - Page 16

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          evidence that she has "paid" the subject fees and costs.  On the            
          contrary, the "reimbursement" check written by petitioner to Mr.            
          Thompson is additional evidence that he is the person who paid              
          the fees and costs in this case.                                            
               The conduct of petitioner and Mr. Thompson strongly suggests           
          that it was never intended that petitioner would incur or pay any           
          fees in this matter.  In our judgment the timing of the                     
          "reimbursement" check and petitioner's lack of liquid funds                 
          strongly suggest an attempt by petitioner and her husband to                
          circumvent the net worth requirement for a section 7430 award,              
          rather than her bona fide payment of an obligation.  We must look           
          to the substance of what occurred.  Allowance of a fee award to             
          petitioner would effectively allow her to recover costs incurred            
          by Mr. Thompson, an ineligible litigant, who actually absorbed              
          the financial burden of the litigation.                                     
               In addition, we need not address petitioner's arguments                
          sounding in contract, including quantum meruit, at any length.              
          Suffice it to say that payment to a creditor discharges a                   
          debtor's obligation.  See Ga. Code Ann. sec. 13-4-40 (Michie                
          1982).  Unlike Christoph v. United States, 931 F. Supp. 1564                
          (S.D. Ga. 1996), payments of all the litigation costs here at               
          issue were made by the company and charged as compensation to Mr.           
          Thompson.                                                                   
              Based on the record before us, we hold that petitioner has             
          failed to carry her burden of showing that she paid or incurred,            




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