- 2 - other section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Respondent has filed a response to petitioners' motion. Respondent agrees that petitioners: (a) Have substantially prevailed with respect to the amount in controversy, (b) meet the net worth requirements as provided by law, (c) have exhausted their administrative remedies, (d) have not unreasonably protracted the administrative or Court proceedings, and (e) have claimed a reasonable amount of costs. Respondent does not agree, however, that his positions in the administrative or Court proceedings were not substantially justified. The issue for decision, therefore, is whether respondent's positions in the underlying proceedings were substantially justified. Although petitioners initially requested a hearing in this case, the parties have agreed upon a stipulation of facts. We conclude that a hearing is not necessary to decide this motion. See Rule 232(a)(2). Accordingly, we rule on petitioners' motion for administrative and litigation costs on the basis of the parties' submissions and the record in this case. Petitioners resided in Shasta Lake, California, at the time they filed their petition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011