- 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011