Michael O'Keefe Sowell - Page 5




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          Respondent also offered to concede the case during the trial                
          preparation process.  Petitioner refused to accept.                         
               At the calendar call of this case, respondent conceded the             
          deficiency, and petitioner subsequently filed a motion for costs.           
          In his motion, petitioner claimed $5,000.  The motion listed the            
          following synopsis of events and summary of expenses claimed,               
          totaling $5,356:                                                            

               Date           Amount         Description                              
               11-29-00       N/A            Letter of deficiency                     
               12-8-00        $  138         Bus from Los Angeles                     
               12-9-00        350            3 weeks motel TX                         
               12-12-00       20             Taxi to Gulf Greyhound Park              
               12-15-00       1,000          Collusion                                
               12-15-00       1,000          Defamations                              
               12-15-00       2,000          False imprisonment, two days             
                                             $1,000 per day                           
               12-16-00       251            Bond out of jail                         
               12-16-00       300            Phone calls                              
               1-2-01         60             Court and paper work                     
               1-5-01         77             Bus to Los Angeles                       
                                             from LaMarque, TX                        
               1-09-01        100            Petition                                 
               12-3-01        60             Went to Tax Court                        

               A taxpayer who substantially prevails in an administrative             
          or court proceeding may be awarded a judgment for reasonable                
          costs incurred in such proceedings.  Sec. 7430(a)(1) and (2).  A            



          3(...continued)                                                             
          fact that petitioner had a pending civil case against Gulf                  
          Greyhound Park in Texas.  Petitioner did not offer any                      
          explanation to the Court as to why he declined respondent’s offer           
          of concession.                                                              





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