Peter J. Tkac - Page 4




                                        - 3 -                                         
               Section 7430 enables the prevailing party in any                       
          administrative or court proceeding to recover reasonable                    
          administrative costs incurred in the administrative proceeding              
          and reasonable litigation costs incurred in the court                       
          proceeding.  Sec. 7430(a); Maggie Mgmt. Co. v. Commissioner, 108            
          T.C. 430, 436 (1997).  There are various requirements that a                
          party must meet to be entitled to an award for costs.                       
          Respondent agrees that “petitioner is the prevailing party and              
          entitled to reasonable litigation costs only, insofar as                    
          petitioner incurred the litigation costs claimed and did not                
          protract the court proceeding.”                                             
               In so agreeing, respondent has admitted that his position              
          was not substantially justified during the administrative and               
          the litigation proceedings.3  Respondent also admits that                   
          petitioner meets the net worth requirements and that petitioner             
          has exhausted the administrative remedies available in                      
          connection with the collection hearing.  Accordingly, the only              
          questions that remain for our consideration are whether                     
          petitioner unreasonably protracted the Tax Court proceeding and             
          whether petitioner’s claimed costs are reasonable.                          






               3 We note that respondent bears the burden on this element.            
          Sec. 7430(c)(4)(B).                                                         





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