- 8 - prenuptial agreement between himself and his wife that affected the division of business income and expenses. Second, he disclosed the source of unreported income with respect to his 1992 tax year. Third, he explained how his business had large profits in some years and large losses in others. On June 27, 1997, Melick offered to concede all adjustments for the 1992 tax year. Melick also requested additional information regarding the 1994 tax year, and she indicated that respondent would concede the adjustments for the 1993 and 1994 tax years upon the receipt of such information. On July 2, 1997, petitioner provided the additional information sought by respondent. Upon receipt of the information, respondent conceded the adjustments for the 1993 and 1994 tax years. Discussion A taxpayer who has substantially prevailed in a Tax Court proceeding may be awarded reasonable litigation costs incurred in such proceedings. See sec. 7430(a)(2). Under section 7430, a judgment for litigation costs incurred in connection with a court proceeding may be awarded only if a taxpayer: (1) Has exhausted his administrative remedies within the IRS; (2) has substantially prevailed with respect to the amount in controversy or the most significant issue or set of issues presented; (3) has satisfied the applicable net worth requirement; and (4) did not unreasonably protract the court proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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