- 2 - Arthur G. Jaros, Jr., for petitioners. William I. Miller, for respondent. MEMORANDUM OPINION LARO, Judge: Petitioners move the Court under section 7430 for an award of $12,296 in litigation costs. Respondent objects thereto and has filed with the Court a memorandum (respondent’s memorandum) in support of his objection. We must decide whether respondent’s positions in this proceeding were substantially justified. We hold they were not to the extent discussed herein and award petitioners $1,844 of litigation costs. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the relevant years, Rule references are to the Tax Court Rules of Practice and Procedure, and dollar amounts are rounded. References to petitioner are to Thomas J. Mitchell. Background While residing in Lockport, Illinois, petitioners petitioned the Court to redetermine respondent’s determination that they were liable for Federal income tax deficiencies of $13,517 for 1994 and $14,407 for 1995 and accuracy-related penalties of $2,703 for 1994 and $2,881 for 1995 for substantial understatement of income tax. Respondent’s determination wasPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011