Allen R. Krawczyk - Page 6

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               Neither party has requested a hearing, and we conclude that            
          a hearing is not necessary.  Rule 232(a)(2).  Accordingly, we               
          decide petitioner’s motion on the basis of the motion,                      
          respondent’s notice of objection, petitioner’s response, and                
          exhibits submitted by both parties.                                         
          Discussion                                                                  
               Subject to certain limitations, the prevailing party in any            
          court proceeding may be awarded a judgment for reasonable                   
          litigation costs incurred in connection with such court                     
          proceeding.  Sec. 7430(a)(2).  The prevailing party must exhaust            
          the administrative remedies available to it within the Internal             
          Revenue Service, and the prevailing party must not have                     
          unreasonably protracted any portion of the administrative or                
          court proceeding.  See sec. 7430(b)(1), (3).                                
               The term “prevailing party” means “any party * * * which (I)           
          has substantially prevailed with respect to the amount in                   
          controversy, or (II) has substantially prevailed with respect to            
          the most significant issue or set of issues presented”.  Sec.               
          7430(c)(4)(A)(i).  And in the case of an individual taxpayer, the           
          term also means any party which had a net worth that did not                
          exceed $2,000,000 at the time the civil tax case proceeding was             
          commenced.  Sec. 7430(c)(4)(A)(ii) (referring to 28 U.S.C. sec.             
          2412(d)(1)(B) and (2)(B)(2000)).  However, a party shall not be             
          treated as the prevailing party if the Commissioner can establish           






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