- 9 - attorneys in this matter is not sufficient to meet the requirements of section 7430. See Thompson v. Commissioner, T.C. Memo. 1996-468. Petitioners assert in their affidavits that they have paid $2,972 of the fees and costs through a direct assessment of their share of funds in the SEBA Plan. To the extent that petitioners paid fees and costs through direct assessment of their share of the SEBA Plan, we would agree that they would have "paid and incurred" litigation costs. However, the amount of $102,659 paid by the SEBA Plan as of December 30, 1998, less the $2,972 allegedly paid by petitioners through direct assessment of their share of the funds in the SEBA Plan, was not "paid or incurred" by petitioners. Since this amount has been paid by the SEBA plan, petitioners are not liable for payment of that amount, nor is there some subsequent event which would cause petitioners to become liable. In addition, the amount of petitioners' contingent liability has not yet been incurred, as explained above. For the aforementioned reasons, we grant respondent's motion for summary judgment to the extent of the $102,659 billed and paid in this matter, except to the extent petitioners have asserted that $2,972 in payments were made by them through direct assessment of petitioners' share of funds in the SEBA Plan. With respect to the $2,972 in legal fees that may have been paidPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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