- 15 - We first address petitioners’ contention with regard to respondent’s alleged improper use of nontrial evidence in opposing petitioners’ motion for litigation costs. Nontrial Evidence Rules 231 and 232 anticipate that evidence may be considered in the context of a motion for litigation costs that was not part of the trial of the underlying substantive tax issues. For example, evidence regarding the nature and amount of the fees for which recovery is sought (Rule 231(d)), the specific legal services rendered (Rule 232(d)(1)), the net worth of the taxpayer (Rule 231(b)(4)), the administrative remedies sought by the party (Rule 231(b)(5)), and delays in the proceeding (Rule 231(b)(6)), constitute evidence that would not typically have been admitted as part of a trial of the underlying substantive tax issues. Court opinions involving claims for litigation costs often consider evidence not previously offered into evidence at the trial of the underlying substantive tax issues. E.g., O’Bryon v. Commissioner, T.C. Memo. 2000-379 (new evidence considered 4(...continued) (4) Whether, under the qualified offer provisions of sec. 7430(c)(4)(E) and in analyzing whether petitioners’ tax liabilities under our prior opinion were equal to or less than what their tax liabilities would have been under the qualified offer, the time value of money should be taken into account.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011