Michael H. Johnson and Patricia E. Johnson - Page 4




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          the Commissioner establishes that the Commissioner's position was           
          substantially justified.  See sec. 7430(c)(4)(B).                           
               Respondent contends, inter alia, that petitioners have not             
          satisfied the net worth requirements.                                       
               Net Worth Requirements                                                 
               Rule 231(b)(4) provides that a motion for litigation or                
          administrative costs shall contain "A statement that the moving             
          party meets the net worth requirements, if applicable, of Section           
          2412(d)(2)(B) of title 28, United States Code (as in effect on              
          October 22, 1986), which statement shall be supported by an                 
          affidavit executed by the moving party and not by counsel for the           
          moving party".  The net worth limitation of $2 million applicable           
          to individuals applies separately to each taxpayer.  See Hong v.            
          Commissioner, 100 T.C. 88 (1993); Prager v. Commissioner, T.C.              
          Memo. 1994-420.4  The taxpayers bear the burden of establishing             
          that they meet the net worth requirements.  See Rule 232(e);                
          Dixson Intl. Serv. Corp. v. Commissioner, 94 T.C. 708, 718                  
          (1990).                                                                     
               Petitioners' motion for costs contained a statement that               
          petitioners satisfied the net worth requirements.  Petitioners              
          submitted an affidavit that stated their net worth was less than            
          $4 million jointly and $2 million individually.  Petitioners also           

               4  The Taxpayer Relief Act of 1997, Pub. L. 105-34, sec.               
          1453(a), 111 Stat. 788, 1055 (effective with respect to                     
          proceedings commenced after Aug. 5, 1997), amended sec. 7430 to             
          adopt this rule.  See sec. 7430(c)(4)(D)(ii), as amended.  The              
          petition in this case, however, was filed on Nov. 4, 1996;                  
          therefore, this amendment is not applicable herein.  Cf. Maggie             
          Management Co. v. Commissioner, 108 T.C. 430 (1997).                        


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