Collin L. Dugan - Page 2

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          the Tax Court Rules of Practice and Procedure.  The Court agrees            
          with and adopts the opinion of the Special Trial Judge, which is            
          set forth below.                                                            
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               CARLUZZO, Special Trial Judge:  This case is before the                
          Court on petitioner's motion for administrative and litigation              
          costs pursuant to section 7430 and Rule 231.1                               
               In separate notices of deficiency respondent determined                
          deficiencies in petitioner's 1988 and 1991 Federal income taxes             
          in the amounts of $15,292 and $30,508, respectively.  Prior to              
          trial the parties filed a stipulation of settled issues which               
          addressed all of the adjustments in the notices of deficiency.              
          In conjunction with the filing of the stipulation of settled                
          issues, petitioner filed a motion for litigation costs.  Because            
          petitioner's motion includes a claim for amounts expended for               
          legal fees and related expenses between the dates that the                  

               1 References to sec. 7430 are to that section as amended by            
          sec. 1551 of the Tax Reform Act of 1986, Pub. L. 99-514, 100                
          Stat. 2085, 2752 (effective for proceedings commenced after Dec.            
          31, 1985) and by sec. 6239(a) of the Technical and Miscellaneous            
          Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3743-3746             
          (effective with respect to proceedings commenced after Nov. 10,             
          1988).  Because the petition in this case was filed on June 20,             
          1994, the provisions of the Taxpayer Bill of Rights 2, Pub. L.              
          104-168, sec. 701, 110 Stat. 1452, 1463-1464 (1996), which                  
          amended sec. 7430 effective with respect to proceedings commenced           
          after July 30, 1996, are not applicable here.  See Maggie                   
          Management Co. v. Commissioner, 108 T.C. 430 (1997). Unless                 
          otherwise indicated, references to other sections are to the                
          Internal Revenue Code, as amended and in effect for the year                
          1991.  Rule references are to the Tax Court Rules of Practice and           
          Procedure.                                                                  




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