- 2 - effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The issues for decision are: (1) Whether respondent's position in the underlying proceedings was substantially justified, and (2) whether the amount claimed by petitioner as attorney's fees and costs is reasonable. Neither party requested a hearing in this case, and we conclude that none is necessary to decide this motion. See Rule 232(a)(2). Accordingly, we rule on petitioner's motion for attorney's fees on the basis of the parties' submissions and the record in this case. See Rule 232(a). Petitioner resided in Des Moines, Iowa, at the time she filed her petition. Background The underlying claim that gave rise to the present dispute involved petitioner's eligibility to receive earned income credit in the 1995 and 1996 tax years. Both petitioner and her former husband, Stephen Sherbo (Mr. Sherbo), claimed earned income credit in 1995 and 1996 with respect to the same child. Petitioner and Mr. Sherbo have two children, Sean and Liane Sherbo. Petitioner claimed earned income credit on her 1995 and 1996 individual Federal income tax returns using her two children to qualify for the credit. Mr. Sherbo claimed earned income credit for tax years 1995 and 1996 using Liane to qualify for the credit in 1995 and Sean to qualify for the credit in 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011