- 5 - administrative costs. Under the circumstances, we shall consider the amended motion only as a motion for an award of reasonable litigation costs. The stipulated decision was vacated, and the decision document was filed as a stipulation of settlement on April 27, 1998. Neither party requested an evidentiary hearing, and the Court concludes that such a hearing is not necessary for the proper disposition of petitioner's amended motion. Rule 232(a)(2). We therefore decide the matter before us based on the record. Under section 7430(a), a judgment for litigation costs incurred in connection with a court proceeding may be awarded only if a taxpayer is the "prevailing party", has exhausted his or her administrative remedies within the Service, and did not unreasonably protract the court proceeding. Sec. 7430(a) and (b)(1), (3). The taxpayer also must prove that the court costs are reasonable. Sec. 7430(c)(1). The taxpayer must substantially prevail with respect to either the amount in controversy or the most significant issue or set of issues presented and satisfy the applicable net worth requirement. Sec. 7430(c)(4)(A). A taxpayer must satisfy each of the respective requirements in order to be entitled to an award of litigation costs under section 7430. Rule 232(e); Minahan v. Commissioner, 88 T.C. 492, 497 (1987).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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