Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 30

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               In view of the foregoing, we hold that it was unreasonable              
          for respondent to pursue further collection after October 1,                 
          1996.                                                                        
               H. Amount of Recoverable Costs                                          
               Finally, we turn to the matter concerning the amount of                 
          recoverable costs.  Here we observe that respondent concedes that            
          all but $150 of the costs incurred by petitioners constitutes                
          "reasonable litigation costs" within the meaning of sec.                     
          7430(c)(1).18  The disputed $150 amount, however, does not                   
          pertain to any cost incurred after September 1996.  Accordingly,             
          we conclude that the costs incurred for the months of October                
          1996 through February 1997, as enumerated in petitioners'                    
          counsel's single invoice for those months, are recoverable by                
          petitioners.19                                                               
          III. Conclusion                                                              
               Based on the foregoing, we hold that respondent's position              
          in the court proceeding was not unreasonable through September               
          1996, but that respondent acted unreasonably thereafter by not               


               18   See supra note 4.  Further, we note that respondent                
          neither cites nor relies upon either sec. 301.7430-3(a)(4),                  
          Proced. & Admin. Regs., or sec. 301.7430-3(b), Proced. & Admin.              
          Regs.  Accordingly, no consideration is given to the possible                
          effect of those provisions of the regulation.  Cf. Lavallee v.               
          Commissioner, T.C. Memo. 1997-183 at n.14; Ball v. Commissioner,             
          T.C. Memo. 1995-520; see also Gustafson v. Commissioner, 97 T.C.             
          85, 93 (1991).                                                               
               19   The total amount for "services and expenses" according             
          to such invoice is $976.75.                                                  




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