- 6 - property transferred, including the insurance renewal contract rights with a zero basis. The net capital gain to be recognized by petitioners under these circumstances would be $249,000, consisting of the $60,009 account payable and $188,991 in excess debt assumed over the total basis of property transferred. Disputing respondent's contentions, petitioners filed two motions to shift the burden of proof to respondent on the grounds that (1) respondent's amended answer contained a new matter for which respondent should have the burden of proof pursuant to Rule 142(a), and (2) respondent erroneously determined the boot received in the section 351 transaction. Petitioners also filed a motion to strike the notice of deficiency, alleging that the notice of deficiency was arbitrary and erroneous. Petitioners' motions were denied by order. This case was eventually settled, and deficiencies were stipulated in the amounts of $88,292, $4,044, and $1,323 for taxable years 1991, 1992, and 1993, respectively. Petitioners then filed a motion for an award of reasonable litigation costs and a motion to determine prevailing party. Discussion Taxpayers may be awarded an amount for reasonable litigation costs if they meet the requirements of section 7430. In order to qualify for such an award, a party must: (1) Qualify as aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011