- 2 - costs1 filed pursuant to section 7430 and Rule 231.2 Petitioners seek to recover litigation costs of $44,456 incurred in contesting respondent’s deficiency determinations in docket No. 9060-97 for the taxable year ended April 30, 1995, and in docket No. 9270-97 for the taxable year 1995. The issues for decision are whether respondent’s position at trial was substantially justified and, if not, whether the attorney’s fees and other costs that petitioners seek to recover are reasonable in amount. Neither petitioners nor respondent requested an evidentiary hearing, and the Court concludes that such a hearing is not necessary for the proper disposition of petitioners’ motion. See Rule 232(a)(2). Background Petitioner Mid-Del Therapeutic Center, Inc. (Mid-Del), and petitioner D. Richard Ishmael, M.D., PC (PC), are Oklahoma corporations, each of which operates an oncology clinic in the Oklahoma City metropolitan area. On the dates the petitions in these consolidated cases were filed, Mid-Del’s principal place of business was in Midwest City, Oklahoma, and PC’s principal place 1Although the title of the motion referred to administrative costs, petitioners claimed only litigation costs in the motion. Consequently, our discussion is limited to petitioners’ claim for litigation costs. 2Unless otherwise indicated, all section references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011