- 2 - 74302 and Rule 231.3 After concessions, the sole issue for decision is whether respondent's position in the underlying proceeding was substantially justified. We hold that it was. Thus, Martin is not entitled to an award of litigation costs. The parties submitted memoranda and affidavits supporting their positions. We decide the motion based on those memoranda and affidavits. Neither party requested a hearing. We conclude that a hearing is not necessary to decide this motion. See Rule 232(a)(3). Background A. Petitioner and Martin Petitioner Amilu S. Rothhammer (Rothhammer), formerly Amilu S. Martin, lived in Colorado Springs, Colorado, and Martin lived in Suffolk, Virginia, when the petition was filed. Rothhammer and Martin invested in the Elektra/Hemisphere tax shelter in the early 1980's and deducted amounts based on those investments. 2 Section references are to the Internal Revenue Code in effect for the years in issue. References to sec. 7430 are to that section as amended by sec. 1551 of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085, 2752, effective for proceedings which commenced after Dec. 31, 1985. A “proceeding” under sec. 7430 commences when the petition is filed. See Maggie Management Co. v. Commissioner, 108 T.C. 430, 438 (1997). The petition was filed on Sept. 6, 1988. The amendments to sec. 7430 made by sec. 6239(a) of the Technical and Miscellaneous Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3743, do not apply here because they are first effective for proceedings commencing after Nov. 10, 1988. 3 Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011