Theresa Salopek, et al. - Page 5

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          provided the requested substantiation.  Respondent then conceded            
          the depreciation and pruning costs deductions and settled the               
          cattle contribution issue.  On February 23, 1998, the parties               
          filed a stipulation of settled issues, and on June 1, 1998,                 
          petitioners filed a Motion for Award of Reasonable Litigation               
          Costs.                                                                      
                                     Discussion                                       
               We may award litigation costs to petitioners if they meet              
          the requirements of section 7430.  Respondent concedes that                 
          petitioners have substantially prevailed, met the net worth                 
          requirements, and exhausted all administrative remedies.  See               
          sec. 7430(a), (b)(1), (c)(4)(A).  Thus, the remaining issues for            
          decision are whether:  (1) Respondent's position was                        
          substantially justified; (2) petitioners unreasonably protracted            
          the court proceedings; and (3) the litigation costs claimed by              
          petitioners are reasonable.  See sec. 7430(a), (b)(3), (c)(1),              
          (c)(4)(B).                                                                  
          I.   Substantial Justification                                              
               On August 21, 1997, and January 15, 1998, respondent filed             
          his answers and took the position that petitioners had not                  
          substantiated and, thus, were not allowed the deductions for                
          depreciation, pecan tree pruning costs, and contributions of cash           
          and cattle.  Respondent must prove that this position was                   
          substantially justified.  Sec. 7430(c)(4)(B).  Respondent's                 
          position was substantially justified if it had a reasonable basis           




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