Linda Marie Sherbo - Page 2




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          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.                  





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