- 2 - costs1 pursuant to section 7430 and Rule 231.2 Respondent concedes that petitioner substantially prevailed as to the amount in controversy. See sec. 7430(c)(4)(A)(ii)(I). The issues remaining for decision are as follows: (1) Whether respondent's position in the administrative and court proceedings was substantially justified; (2) whether petitioner satisfied the net worth requirement prescribed by section 7430(c)(4)(iii); (3) whether petitioner exhausted administrative remedies; (4) whether petitioner protracted the administrative and court proceedings; and (5) whether the attorney's fees and other costs that petitioner seeks to recover are reasonable in amount. Neither party requested an evidentiary hearing, and the Court concludes that a hearing is not necessary for the proper disposition of petitioner's motion. Rule 232(a)(3). We therefore decide the matter before us based on the pleadings, petitioner's motion, respondent's response to petitioner's 1 Although petitioner's motion is styled "Motion for Payment of Litigation Costs", we are satisfied that petitioner intended to move for an award of both administrative costs and litigation costs. 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the taxable year in issue. All references to section 7430 are to such section in effect at the time that the petition was filed. All 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