John J. Petito - Page 2




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          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).                              





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