Earl M. Hasbrouck and Donna M. Hasbrouck - Page 23

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               Ray case, our research failed to locate any other cases                
               directly dealing with the issue currently in dispute.                  
               In light of the Court’s recent decision in Ray, we have                
               reconsidered our position and we are conceding the case                
               in full.                                                               
                                       OPINION                                        
               A taxpayer who is a prevailing party in an administrative or           
          court proceeding is entitled to an award of reasonable litigation           
          and administrative costs incurred in such proceedings.  Sec.                
          7430(a).  To be a “prevailing party”, a taxpayer must establish             
          that:  (1) The position of the United States in the proceeding              
          was not substantially justified; (2) the taxpayer substantially             
          prevailed with respect to either the amount in controversy or the           
          most significant issue or set of issues presented; and (3) the              
          taxpayer met the net worth requirements of 28 U.S.C. sec.                   
          2412(d)(2)(B) (1994) on the date the petition was filed.  Sec.              
          7430(c)(4)(A).  Additionally, the taxpayer must also establish              
          that all available administrative remedies have been exhausted              
          insofar as litigation costs are concerned, sec. 7430(b)(1); that            
          the taxpayer has not unreasonably protracted the administrative             
          or judicial proceedings, sec. 7430(b)(4); and that the costs                
          claimed are reasonable in amount, sec. 7430(c)(1) and (2).                  
          All of the foregoing requirements must be satisfied.  Minahan v.            
          Commissioner, 88 T.C. 492, 497 (1987).                                      
               In response to petitioners' motion, respondent argues:  (1)            
          That petitioners are not prevailing parties because the position            





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