- 2 - MEMORANDUM OPINION GERBER, Judge: In a prior opinion,1 we held that the estates of John and Sarah Baird were entitled to use a 60-percent discount in valuing their respective fractional interests in 16 tracts of realty. Both estates moved for litigation and administrative costs under section 7430.2 The Estate of John L. Baird is seeking litigation and administrative costs in amounts of at least $142,612.47 and $622.50, respectively. The Estate of Sarah W. Baird is seeking litigation and administrative costs in amounts of at least $141,191.58 and $592.40, respectively.3 Subsections (b) and (c) of section 7430 provide that prevailing parties, in order to recover litigation costs, must meet the following requirements: (1) They exhausted available administrative remedies; (2) they substantially prevailed in the controversy; (3) the position of the United States in the proceeding was not substantially justified; (4) they meet certain net worth requirements; (5) they did not unreasonably protract 1 Estate of Baird v. Commissioner, T.C. Memo. 2001-258. The findings in that opinion and the parties’ stipulation of facts are incorporated by this reference. 2 All section references are to the Internal Revenue Code, as modified and in effect for the periods under consideration. Rule references are to the Tax Court’s Rules of Practice and Procedure. 3 In the circumstances of these consolidated cases, there was no need for an evidentiary hearing. We rule on the estates’ motion for litigation costs based on the existing record and the parties’ submissions. See Rule 232(a)(1) and (2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011