Bryan J. Brennan and Kathryn J. Brennan, a/k/a/ Kathryn J. Law - Page 3

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          for trial in Spokane, Washington, during the trial session                  
          beginning on June 10, 1996.                                                 
               Prior to trial, on March 22, 1996, petitioners filed a                 
          motion for partial summary judgment as to whether the requisite             
          profit motive existed in the operation of their Amway business.             
          In conjunction with the motion for partial summary judgment,                
          petitioners provided additional information to respondent                   
          relating to their Amway business.                                           
               On June 10, 1996, the parties filed a stipulation of settle-           
          ment.  The stipulation of settlement reflects deficiencies of               
          $269 and $294 for the taxable years 1992 and 1993, respectively.            
          On June 10, 1996, petitioners filed a motion for award of                   
          reasonable litigation costs.                                                
          Discussion                                                                  
               In order to be awarded litigation costs, petitioners must              
          show that: (1) They exhausted all administrative remedies; (2)              
          they met the net worth requirement of section 7430(c)(4)(A)(iii);           
          (3) they have substantially prevailed with respect to the amount            
          in controversy or the most significant issue presented; and                 
          (4) the position of respondent was "not substantially justified".           
          Sec. 7430.                                                                  
               Respondent concedes that petitioners satisfy conditions                
          (1) through (3), leaving for decision the issue of substantial              
          justification for respondent's position.  Petitioners' motion for           
          award of reasonable litigation costs was filed prior to the                 




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