Republic Plaza Properties Partnership, PFI Republic Limited, Inc., Tax Matters Partner - Page 5

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               In respondent's notice of objection to PFI's motion (respon-           
          dent's notice of objection), respondent concedes that the require-          
          ments of section 7430(b)(1) (exhaustion of available administra-            
          tive remedies), 7430(b)(4) (not unreasonably protracting the court          
          proceeding), and 7430(c)(4)(A)(ii) (substantially prevailing with           
          respect to the amount in controversy or the most significant issue          
          or set of issues presented) have been satisfied.  Respondent                
          disputes that PFI has established that the remaining requirements           
          of section 7430 have been met.  With respect to their disputes,             
          PFI and respondent disagree about the identity of the prevailing            
          party to which the various requirements, including the net worth            
          requirements, apply.  PFI contends that either Partnership or PFI           
          is the prevailing party to which section 7430 applies and that              
          either of those two entities satisfies the net worth requirements.          
          Respondent contends that the real party in interest and thus the            
          prevailing party for purposes of section 7430 is either Pacific             
          Harbor or PacificCorp and that neither of those corporations                
          satisfies the net worth requirements.                                       
               We need not decide the identity of the prevailing party or             
          any other dispute between PFI and respondent except whether                 
          Partnership or PFI incurred the litigation costs at issue as                
          section 7430(a)(2) requires of a prevailing party.3   If PFI were           

          3  Although we need not address the other disputes between PFI              
          and respondent, we note that, in arguing in respondent's notice             

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