Eugene J. Phillips and Barbara A. Phillips - Page 2

                                        - 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 litigation           




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011