- 4 - (1) a deficiency in income tax due from petitioners in the amount of $2,358; (2) a penalty due from petitioners in the amount of $472 as provided under section 6662(a); (3) a deficiency in income tax due from PCCL in the amount of $698 (without taking into consideration a tentative net operating loss carryback allowance of $1,214 from 1996); and (4) a penalty due from PCCL in the amount of $140 as provided under section 6662(a). No penalty was due from petitioners or PCCL for fraud as provided under section 6663. Petitioners and PCCL each filed a motion for an award of reasonable litigation and administrative costs. Respondent filed an objection to each motion. Petitioners and PCCL filed a reply to respondent's objections. Each party submitted memoranda in support of their respective positions. None of the parties have requested a hearing in this matter. We conclude that a hearing is not necessary to decide this motion. Rule 232(a)(2). The issues for decision are: (1) Whether respondent's position in the underlying proceedings was substantially justified; and (2) whether the amount of costs claimed by petitioners and PCCL with regard to the litigation and administration costs is reasonable. Background The following facts are based on the entire record, including the affidavits and exhibits submitted by the parties and the parties' pleadings.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011