- 9 - (holding that a nonparty could not be a "prevailing party" under EAJA). Respondent contends that only those persons or entities whose tax liabilities are affected by the outcome of the proceeding are eligible to receive an award. Because petitioner and Hon Family Ventures, Ltd., are pass-through entities, respondent contends that the Court should require petitioner's and Hon Family Ventures, Ltd.'s partners to establish that they meet the net worth requirements. Respondent further contends that if petitioner's and Hon Family Ventures, Ltd.'s partners are pass-through entities, the "look-through" process must continue until it reaches a person or entity whose tax liability is affected by the outcome of the proceeding. Respondent's proposed "look-through rule", however, contradicts the congressional determination that a partnership may receive litigation costs. EAJA, 28 U.S.C. sec. 2412(d)(2)(B) (1994) (stating that a party includes "any partnership" that meets the net worth and number of employee requirements). Pursuant to EAJA and the TEFRA partnership rules, we hold that first-tier partners that meet the net worth requirements are eligible to receive an award. Petitioner, Hon Family Ventures, Ltd., and Hon Property Investments, Inc., have established that they meet the net worth requirements. Accordingly, they are prevailing parties. No evidence has been submitted relating to the net worth of either Hon Family Trust or Hon IrrevocablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011