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Petitioners moved the Court for an award of litigation costs
only. Accordingly, all costs claimed by petitioners are in
connection with the filing of the petition and thereafter.
Neither party requested a hearing. The relevant facts are
taken from the record. See Rule 232(a).
General Background
The petition in the underlying case was filed on January 13,
1997. Respondent's answer was filed on March 4, 1997. A trial
was held on February 11, 1998, in San Francisco, California. The
sole issue at trial was whether petitioners engaged in their
horse breeding and horse racing activities with the objective of
making a profit within the meaning of section 183. We filed our
Memorandum Findings of Fact and Opinion on November 10, 1998,
holding that decision would be entered for petitioners. See
Dishal v. Commissioner, T.C. Memo. 1998-397.
Respondent concedes that petitioners filed a timely motion
for award of reasonable litigation costs, substantially prevailed
with respect both to the amount in controversy and to the most
significant issue presented in the proceeding, met the net worth
requirements, and have not unreasonably protracted the Court
proceedings.
Discussion
1(...continued)
indicated.
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