- 4 - that they meet each of the requirements of section 7430. Rule 232(e). Their failure to meet any one of the requirements of section 7430 will preclude an award of costs. Minahan v. Commissioner, 88 T.C. 492, 497 (1987). Petitioners may recover litigation costs only if they meet the net worth requirements referenced in 28 U.S.C. sec. 2412(d)(1)(B). Sec. 7430(c)(4)(A)(ii). An individual’s net worth must not exceed $2 million at the time of filing of the petition to commence a civil proceeding. 28 U.S.C. sec. 2412(d)(2)(B); Stieha v. Commissioner, 89 T.C. 784, 790 (1987). A motion for litigation cost requires “A statement that the moving party meets the net worth requirements, * * * which statement shall be supported by an affidavit executed by the moving party”. Rule 231(b)(4). If a taxpayer, in a motion for litigation costs, fails to sufficiently establish net worth, and the Commissioner challenges whether the taxpayer has met the net worth requirements, the taxpayer must provide additional evidence. See Estate of Hubberd v. Commissioner, 99 T.C. 335, 341 (1992); Dixson Intl. Serv. Corp. v. Commissioner, 94 T.C. 708, 719 (1990); see also Johnson v. Commissioner, T.C. Memo. 1999-127 (holding that when a taxpayer submits only a statement, accompanied by an affidavit, the Court is not “compelled to accept petitioners’ unsubstantiated, conclusory, and self-serving assertion that theyPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011