James E. Blasius and Mary Jo Blasius, et al. - Page 2

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               7430(c)(4)(B)(i), I.R.C., with the result that Ps’ are                 
               not entitled to recovery under sec. 7430(a), I.R.C.                    

               Erwin A. Rubenstein and Nicole R. Tennenhouse, for                     
          petitioners.                                                                
               Eric R. Skinner and Phoebe L. Nearing, for respondent.                 


                                 MEMORANDUM OPINION                                   

               HALPERN, Judge:  These cases (the consolidated cases, or,              
          when referred to prior to consolidation, the cases) are before              
          the Court on petitioners’ motions for litigation and                        
          administrative fees and costs (the motions) filed October 9,                
          2002.2  The motions are made pursuant to section 7430 and Rules             
          230 through 233.3  Petitioners seek to recover (1) attorney’s               
          fees of $7,131 and costs of $182 in connection with respondent’s            
          determinations of deficiencies in tax with respect to                       
          petitioners’ taxable (calendar) years 1996, 1997, and 1998 (the             
          audit years),4 (2) attorney’s fees of $1,357.50 incurred through            
          August 31, 2002, in connection with filing the motions, plus (3)            


               2  On Oct. 23, 2002, petitioners moved to consolidate the              
          cases for purposes of disposing of the motions, which motions to            
          consolidate were granted on Nov. 18, 2002.                                  
               3  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code of 1986, as amended, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            
               4  Docket No. 4366-01 involves calendar years 1996, 1997,              
          and 1998.  Docket No. 4367-01 involves calendar year 1996.                  
          Docket No. 4368-01 involves calendar years 1997 and 1998.                   




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