Estate of Edward J. Kunze, Deceased, Carol Ann Hause, Executor - Page 4




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          title 28 of the United States Code provides that a “party” for              
          purposes of the award of fees and other expenses means:                     
               (i) an individual whose net worth did not exceed $2,000,000            
               at the time the civil action was filed, or (ii) any owner of           
               an unincorporated business, or any partnership, corporation,           
               association, unit of local government, or organization, the            
               net worth of which did not exceed $7,000,000 at the time the           
               civil action was filed, and which had not more than 500                
               employees at the time the civil action was filed * * *                 
          The foregoing section does not refer to an estate.  However,                
          section 7430(c)(4)(D) states as follows:                                    
                    (D) Special rules for applying net worth requirement.--           
               In applying the requirements of section 2412(d)(2)(B) of               
               title 28, United States Code, for purposes of subparagraph             
               (A)(ii) of this paragraph--                                            
                         (i) the net worth limitation in clause (i) of such           
                    section shall apply to—-                                          
                                   (I) an estate but shall be determined as           
                              of the date of the decedent’s death * * *               
          Thus, in the case of an estate, the applicable net worth                    
          requirement referred to in section 7430(c)(4)(A)(ii) is a                   
          limitation of $2,000,000, determined as of the decedent’s date of           
          death.                                                                      
               Petitioner has not alleged, or otherwise sought to prove,              
          that its net worth as of the decedent’s date of death did not               
          exceed $2,000,000.  Instead, as discussed more fully below,                 
          petitioner contends that its net worth should be measured as of             
          some other date, apparently either the date of filing of the                
          petition or the date on which its right to seek review “began to            
          accrue”.  In line with this reasoning, petitioner merely alleges            





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