Republic Plaza Properties Partnership, PFI Republic Limited, Inc., Tax Matters Partner - Page 4

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               Section 7430(a) authorizes an award to the prevailing                  
          party of reasonable litigation costs incurred in connection with            
          a court proceeding brought against the United States involving              
          the determination of any tax, interest, or penalty under the                
          Code.  In order to qualify for such an award, that party must               
          (1) show that the costs claimed are reasonable litigation costs             
          incurred in connection with the court proceeding, section                   
          7430(a)(2); (2) have exhausted the available administrative                 
          remedies, section 7430(b)(1); (3) not have unreasonably protracted          
          the court proceeding, section 7430(b)(4); and (4) qualify as a              
          prevailing party, section 7430(c)(4).  PFI has the burden of                
          establishing that all of the foregoing criteria have been satis-            
          fied.2  See Rule 232(e); Minahan v. Commissioner, 88 T.C. 492,              
          496-497 (1987).                                                             
               To qualify as a prevailing party under section 7430(c)(4),             
          PFI must show, inter alia, that at the time the petition in this            
          case was filed the net worth requirements of 28 U.S.C. sec.                 
          2412(d)(2)(B) (1994) (net worth requirements) were met.  Sec.               

          2  The amendments to sec. 7430 by the Taxpayer Bill of Rights 2,            
          Pub. L. 104-168, secs. 701-704, 110 Stat. 1452, 1463-1464 (1996)            
          are effective with respect to proceedings commenced after July              
          30, 1996, and therefore are not applicable to PFI's motion.                 

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