Robert Lloyd - Page 8




                                         - 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

Last modified: May 25, 2011