Jerry S. Payne - Page 8




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               The above District Court opinions and the award to                     
          petitioner therein of damages and litigation costs do not                   
          constitute a finding that respondent’s position with regard to              
          the underlying tax deficiencies and fraud additions to tax was              
          not substantially justified.                                                
               In light of our conclusion that respondent’s position as to            
          the underlying tax deficiencies and the fraud additions to tax              
          was substantially justified, we need not decide whether                     
          petitioner protracted the litigation, whether petitioner                    
          satisfied the net worth limitations of 28 U.S.C. sec.                       
          2412(d)(2)(B), or whether petitioner’s claimed litigation costs             
          were reasonable.                                                            
               For the reasons stated, petitioner’s motion for litigation             
          costs will be denied.                                                       

                                        Appropriate orders and decisions              
                                   will be entered.                                   




















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