- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011