- 2 - opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE PANUTHOS, Chief Special Trial Judge: This matter is before the Court on petitioner’s motion for an award of administrative and litigation costs, filed pursuant to section 7430 and Rules 230 through 233. Petitioner seeks an award of $86,500 in administrative and litigation costs and $9 million in punitive damages. After concessions by respondent,2 the issues for decision are as follows: (1) Whether petitioner may claim in this case administrative and litigation costs associated with separate criminal proceedings; (2) whether respondent’s position in this matter was substantially justified; (3) whether petitioner unreasonably protracted the proceedings; (4) whether the administrative and litigation costs claimed by petitioner are reasonable; 1(...continued) filed (Mar. 21, 2000). All Rule references are to the Tax Court Rules of Practice and Procedure. 2 Respondent concedes: (1) Petitioner substantially prevailed, see sec. 7430(c)(4); (2) petitioner exhausted administrative remedies, see sec. 301.7430-1(e)(2), Proced. & Admin. Regs.; and (3) petitioner satisfied the applicable net worth requirement, see sec. 7430(c)(4)(A)(ii).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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