- 4 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011