- 2 - Rules of Practice and Procedure. Neither party has requested a hearing on petitioners' motion. Accordingly, we rule on petitioners' motion on the basis of the parties' submissions and the record in the instant case as a whole. We incorporate by reference herein the portions of our opinion on the merits in the instant case, Phillips v. Commissioner, T.C. Memo. 1997-128, that are relevant to our disposition of the motion. On March 11, 1997, we issued our opinion on the substantive issues in the instant case. We found that petitioners engaged in their horse activity for profit and, accordingly, held that petitioners were entitled to deduct their horse activity expenses in excess of activity income for the years in issue. Generally, section 7430(a) provides for the award of reasonable administrative and litigation costs to a taxpayer who is a prevailing party in an administrative or court proceeding brought against the United States involving the determination of any tax, interest, or penalty pursuant to the Code. To be a "prevailing party", a taxpayer must establish that: (1) The position of the United States was not substantially justified; (2) the taxpayer substantially prevailed with respect to either the amount in controversy or the most significant issue or set of issues presented; and (3) as pertinent to the instant matter, the taxpayer met the net worth requirements of 28 U.S.C. sec. 2412(d)(2)(B) (1994) at the time the petition in the case was filed. Sec. 7430(c)(4)(A). Additionally, an award of litigationPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011