- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011