W. Gregory and Patricia L. Ryan - Page 4




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               Respondent determined a deficiency in petitioner's Federal             
          income tax for 1991 in the amount of $4,030, and deficiencies in            
          petitioners' Federal income taxes for 1992 and 1993 in the                  
          amounts of $3,954 and $4,019, respectively.  Respondent                     
          determined that petitioner failed to establish that the $13,000             
          he paid during each of the taxable years 1991, 1992, and 1993               
          qualified for the alimony deduction under section 215.                      
               This Court rendered Ryan v. Commissioner, T.C. Memo.                   
          1998-331, deciding that the amounts paid by petitioner to his               
          former wife were properly deductible as alimony.  Petitioner now            
          requests the Court to award him reasonable litigation costs in              
          the amount of $24,409.                                                      
                                       OPINION                                        
               In general, section 7430 allows a taxpayer who is a                    
          prevailing party in a civil tax proceeding to recover reasonable            
          administrative and litigation costs incurred in such proceeding.            
          An award of administrative or litigation costs may be made where            
          the taxpayer:  (1) Is the prevailing party; (2) exhausted                   
          available administrative remedies; and (3) did not unreasonably             
          protract the administrative or judicial proceeding.  See sec.               
          7430(a) and (b)(1), (4).                                                    











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