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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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Last modified: May 25, 2011