John C. Bowden and Karol Bowden - Page 6




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          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 a                  





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