- 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 the motion filed by petitioner Clifford E. Barbour (petitioner)2 for an award of litigation costs under section 7430 and Rules 230 through 233. The issues for decision are as follows:3 (1) Whether petitioner substantially prevailed with respect to the amount in controversy. We hold that he did not. (2) Whether petitioner substantially prevailed with respect to the most significant issue or set of issues. We hold that he did not. Neither party requested an evidentiary hearing, and the Court concludes that such a hearing is not necessary for the 2 Although the petition in the underlying case was filed by both Clifford E. and Dorothy D. Barbour, only Clifford E. Barbour requests an award of litigation costs. Therefore, in our discussion of the substantive case, we shall limit all references to petitioner Clifford E. Barbour. 3 Respondent does not concede any of the following: (1) That petitioner exhausted his administrative remedies, see sec. 7430(b)(1); (2) that petitioner did not unreasonably protract the proceedings, see sec. 7430(b)(3); (3) that respondent’s position in the court proceeding was not substantially justified, see sec. 7430(c)(4)(B); (4) that the litigation costs claimed by petitioner are reasonable, see sec. 7430(a)(2) and (c)(1); and (5) that petitioner satisfied the applicable net worth requirement, see sec. 7430(c)(4)(A)(ii). However, in light of our holdings as to the enumerated issues, we need not address these matters.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011