- 2 - Held: The settlement agreements constituted binding agreements between P and R; settled all taxable years after 1982 with respect to the partnership; and converted the partnership items into nonpartnership items, giving R 1 year in which to assess any income tax liabilities for taxable years included under the settlement agreements’ terms. Held, further, R delayed in performing the ministerial act of assessing P’s 1983 tax liability. Held further, R’s position in the answer was not substantially justified. Held: P is entitled to an award of reasonable litigation costs. Thomas Corson, pro se. Matthew J. Bailie, for respondent. OPINION MARVEL, Judge: This case is before the Court on petitioner’s motion for reasonable litigation costs filed pursuant to section 7430 and Rule 231. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect at the time petitioner filed the petition, and all Rule references are to the Tax Court Rules of Practice and Procedure. Petitioner resided in Saratoga, California, when his petition in this case was filed. On December 12, 2003, we filed the parties’ stipulation of settled issues,1 and petitioner’s motion for reasonable litigation costs. On February 11, 2004, we filed respondent’s 1On Oct. 28, 2003, we entered the parties’ stipulated decision. Then, on Dec. 1, 2003, we filed petitioner’s motion to vacate the decision. On Dec. 12, 2003, we granted petitioner’s motion to vacate and filed the decision document as a stipulation of settled issues.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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