Earl M. Hasbrouck and Donna M. Hasbrouck - Page 3

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          filed on February 18, 1997.  A hearing on petitioners’ motion was           
          conducted on May 27, 1997, in Helena, Montana.                              
               The issue for decision is whether petitioners are prevailing           
          parties within the meaning of section 7430(c)(4).                           
                                  FINDINGS OF FACT                                    
               Petitioners are husband and wife.  They filed timely joint             
          Federal income tax returns for the years in issue.  At the time             
          the petition was filed, they resided in Ulm, Montana.  References           
          to petitioner are to Earl M. Hasbrouck.                                     
               Petitioner has been employed as an independent contractor in           
          the construction industry since 1961.  Donna M. Hasbrouck is, and           
          was during the relevant periods, a professional bookkeeper.  On             
          their 1990 and 1992 Federal income tax returns, petitioner                  
          listed his occupation as self-employed, and Donna M. Hasbrouck              
          listed her occupation as bookkeeper.  Sometime in 1993,                     
          petitioner injured his back.  On their 1994 Federal income tax              
          return, petitioner listed his occupation as disabled, and Donna             
          M. Hasbrouck again listed her occupation as bookkeeper.                     
               In October 1987, petitioners purchased an 80-acre tract of             
          land located in Ulm, Montana (the property).  Before purchasing             
          the property petitioners had never been engaged in the trade or             
          business of farming.  Petitioners purchased the property with the           
          intention eventually to raise livestock.                                    







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