- 4 - 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 thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011