- 2 - 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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