Estate of Charles K. Russell, Deceased, Lavada S. Russell, Executrix, and Lavada S. Russell - Page 4

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          Tax Court.  Prior to this agreement, petitioners had been billed            
          at an hourly rate for attorney’s fees incurred.                             
               This case was called from the calendar for trial on February           
          9, 1998, in San Antonio, Texas.  Counsel for the parties appeared           
          and were heard.  At that time the parties filed a statement of              
          stipulated settled issues in which respondent conceded the sole             
          issue before this Court.  Petitioners then filed a Motion for               
          Reasonable Litigation Costs on February 9, 1998, and a                      
          supplemental declaration on March 13, 1998, requesting an award             
          of attorney’s fees in the amount of $3,936, paralegal time in the           
          amount of $61.50, and expenses in the amount of $571.44.                    
          Petitioners claimed total litigation costs in the amount of                 
          $4,568.94.                                                                  
          Discussion                                                                  
               Section 7430 provides that in any court proceeding brought             
          by or against the United States, the "prevailing party" may be              
          awarded reasonable litigation and administrative costs.  To be a            
          prevailing party, a taxpayer must establish:  (1) That the                  
          taxpayer substantially prevailed with respect to the amount in              
          controversy or with respect to the most significant issue                   
          present, and (2) that the taxpayer met the net worth requirements           
          of 28 U.S.C. section 2412(d)(2)(B)(as in effect on October 22,              
          1986) on the date the petition was filed.  Sec. 7430(c)(4)(A).  A           
          taxpayer will not be treated as a prevailing party if the                   






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