Ronald D. and Paula J. Pittman, et al. - Page 2




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                                 MEMORANDUM OPINION                                   

               DAWSON, Judge:  These consolidated cases were assigned to              
          Special Trial Judge Robert N. Armen, Jr., pursuant to Rules 180,            
          181, and 183.2  The Court agrees with and adopts the opinion of             
          the Special Trial Judge, which is set forth below.                          
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               ARMEN, Special Trial Judge:  This matter is before the Court           
          on petitioners' motion, as supplemented, for reasonable                     
          litigation and administrative costs under section 7430 and Rules            
          230 through 233.                                                            
               After concessions by respondent,3 the issues for decision              
          are as follows:                                                             
               (1) Whether respondent's position in the administrative and            
          court proceedings was substantially justified.  We hold that it             
          was.                                                                        





               2  All Rule references are to the Tax Court Rules of                   
          Practice and Procedure.  All section references are to the                  
          Internal Revenue Code, as amended.                                          
               3  Respondent concedes:  (1) Petitioners exhausted their               
          administrative remedies, see sec. 7430(b)(1); (2) petitioners did           
          not unreasonably protract the proceedings, see sec. 7430(b)(3);             
          (3) petitioners substantially prevailed, see sec.                           
          7430(c)(4)(A)(i); and (4) petitioners satisfied the applicable              
          net worth requirement, see sec. 7430(c)(4)(A)(ii).                          






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