Carolyn S. Eifert, A/K/A Sue Armstrong - Page 2

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          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.            




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