Robert L. and Joanne Tammaro - Page 2




                                        - 2 -                                         
          for an award of administrative and litigation costs under section           
          7430 and Rules 230 through 233.2                                            
               After concessions by respondent,3 the issues for decision              
          are as follows:                                                             
               (1) Whether respondent's position in the administrative and            
          court proceedings was substantially justified.  We hold that it             
          was.                                                                        
               (2) Whether petitioner unreasonably protracted the court               
          proceeding.  In light of our holding as to the first issue, we              
          need not address this second issue.                                         
               (3) Whether the administrative and litigation costs claimed            
          by petitioner are reasonable.  In light of our holding as to the            
          first issue, we need not address this third issue.                          
               Neither party requested an evidentiary hearing, and the                
          Court concludes that such a hearing is not necessary for the                
          proper disposition of petitioner’s motion.  See Rule 232(a)(2).             
          We therefore decide the matter before us based on the record that           
          has been developed to date.                                                 


               2  Unless otherwise indicated, all sec. references are to              
          the Internal Revenue Code in effect for the taxable years in                
          issue.  However, all references to section 7430 are to such sec.            
          in effect at the time that the petition was filed.  All Rule                
          references are to the Tax Court Rules of Practice and Procedure.            
               3  Respondent concedes: (1) Petitioner exhausted his                   
          administrative remedies, see sec. 7430(b)(1); (2) petitioner                
          substantially prevailed, see sec. 7430(c)(4)(A)(i); and (3)                 
          petitioner satisfied the applicable net worth requirement, see              
          sec. 7430(c)(4)(A)(ii).                                                     




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