Michael H. Johnson and Patricia E. Johnson - Page 3




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          that petitioners were not entitled to an award of administrative            
          and litigation costs and attorney's fees.  We so held because               
          petitioners failed to prove that they met the net worth                     
          requirements of section 7430 and therefore failed to establish              
          that they were the "prevailing party".  See Johnson v.                      
          Commissioner, T.C. Memo. 1999-127.                                          
               On May 14, 1999, petitioners filed their motion for                    
          reconsideration and motion to vacate.  On June 2, 1999,                     
          respondent filed an objection to petitioners' motion for                    
          reconsideration and an objection to petitioners' motion to vacate           
          (respondent's objections).  On June 7, 1999, petitioners filed a            
          motion for permission to file a reply to respondent's objection             
          to the motion for reconsideration (motion to file reply #2) and a           
          motion for permission to file a reply to respondent's objection             
          to the motion to vacate (motion to file reply #3).  On June 21,             
          1999, the Court granted petitioners' motion to file reply #2 and            
          motion to file reply #3 and filed petitioners' replies to                   
          respondent's objections.                                                    
               In petitioners' motion for reconsideration, motion to                  
          vacate,2 and replies to respondent's objections, petitioners                
          argue that in Johnson II the Court misread the case law and that            

               2  Petitioners' motion for reconsideration and motion to               
          vacate are virtually identical.  The only difference is that one            
          asks for reconsideration and the other asks for the decision to             
          be vacated.                                                                 






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