Charles B. Owens and Sally L. Owens - Page 2




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               John A. Townsend, for petitioners.                                     
               Susan M. Pinner, for respondent.                                       


                                 MEMORANDUM OPINION                                   

               HALPERN, Judge:  This case is before the Court on                      
          petitioners’ motion for an award of administrative and litigation           
          costs pursuant to section 7430 and Rules 230 through 233 (the               
          motion).  Respondent objects.  All section references are to the            
          Internal Revenue Code of 1986, as amended, and all Rule                     
          references are to the Tax Court Rules of Practice and Procedure,            
          unless otherwise indicated.                                                 
               Petitioners seek to recover costs in the amount of                     
          $10,978.74 incurred in connection with respondent’s determination           
          of a deficiency in tax with respect to their taxable (calendar)             
          year 1996.  Neither party requested an evidentiary hearing, and             
          we conclude that such a hearing is not necessary for the proper             
          disposition of the motion.  See Rule 232(a)(2).  The primary                
          issue for decision is whether respondent’s positions in the                 
          administrative and judicial proceedings involved here were                  
          substantially justified within the meaning of section                       











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