- 4 - two letters, one dated February 12, 2002, and another dated April 5, 2002. Petitioner did not respond to any of these letters. Beginning in November 2001, petitioner suffered from anxiety and depression. By notice dated August 23, 2002, this case was set for trial at a Pittsburgh, Pennsylvania, trial session scheduled to commence November 18, 2002.2 Petitioner brought with him information regarding his 1999 tax return. On November 18, 2002, the parties filed a stipulation and stipulation of settled issues, which resolved all issues in petitioner’s favor.3 On November 18, 2002, petitioner filed a motion for award of litigation costs. Petitioner seeks an award of $448,010.78. Respondent contends that petitioner is not the prevailing party within the meaning of section 7430(c)(4) because, while the stipulation and stipulation of settled issues resolved all issues in petitioner’s favor, respondent’s position was substantially justified. In addition, respondent contends that petitioner did not exhaust administrative remedies and that petitioner unreasonably protracted the proceedings. 2 Because of petitioner’s failure to appear at the calendar call, respondent filed a motion to dismiss for lack of prosecution. Upon petitioner’s subsequent appearance, we denied respondent’s motion to dismiss. 3 While the documents were initially titled stipulation and decision, the Court changed the designation when it became apparent that petitioner intended to make a claim for litigation costs.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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