Michael H. Johnson and Patricia E. Johnson - Page 12




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          v. Commissioner, supra; cf. Tokarski v. Commissioner, 87 T.C. 74,           
          77 (1986).  We conclude that petitioners have failed to prove               
          they meet the net worth requirements necessary to be a                      
          "prevailing party" under section 7430(c)(4).                                
               In light of our holding that petitioners failed to prove               
          they meet the net worth requirements, we need not address whether           
          (1) respondent's position was substantially justified; (2)                  
          petitioners unreasonably protracted the Court's proceeding; or              
          (3) the amounts of administrative and litigation costs claimed by           
          petitioners are reasonable.                                                 
               Accordingly, we hold that petitioners are not entitled to an           
          award of administrative or litigation costs.                                
               To reflect the foregoing,                                              
                                                       An appropriate order           
                                                  will be issued.                     






















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