- 2 - All section references are to the Internal Revenue Code in effect for the taxable year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. Petitioners requested an evidentiary hearing; however, after considering the record and the parties’ memoranda we concluded that a hearing is not necessary to reach our decision. See Rule 232(a)(1). The relevant facts are taken from the record and the parties’ memoranda. At the time the petition was filed, petitioners resided in Temple Hills, Maryland. After concessions,2 the issues for our consideration are: (1) Whether respondent’s position in the litigation proceedings was substantially justified; and (2) whether petitioners unreasonably protracted the proceedings. 1(...continued) respect to proceedings commenced after July 30, 1996. The amendments to that section shift to the Commissioner the burden of proving that the position of the United States was substantially justified, sec. 7430(c)(4)(B). A judicial proceeding is commenced in this Court with the filing of a petition. See Rule 20(a). Petitioners filed their petition on Aug. 20, 1997. Accordingly, the 1996 amendments to sec. 7430 are applicable here. See Maggie Management Co. v. Commissioner, 108 T.C. 430 (1997). 2 Respondent has conceded that petitioners substantially prevailed, exhausted their administrative remedies, and met the net worth requirements. In addition, respondent conceded that his position after the calendar call of May 18, 1998, was not substantially justified. Both parties agree that the hourly rate at which attorney’s fees should be awarded is limited to $120 per hour.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011