Estate of John L. Baird, Deceased, Ellen B. Kirkland and J. Samuel Baird, Co-Executors - Page 2




                                        - 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