-2-
administrative remedies, (2) respondent’s position in this
proceeding was substantially justified, and (3) some of the
requested costs are unreasonable. We ordered the parties to
stipulate the facts underlying this motion, and they have done
so. We decide herein whether to grant petitioner’s motion. We
shall not.
Background
Most facts were stipulated. We incorporate herein by this
reference the parties’ stipulation of facts and the exhibits
submitted therewith. We find the stipulated facts accordingly.
Petitioner resided in Las Vegas, Nevada, when his petition was
filed with the Court.
For approximately the 13-month period ending in or about
October 1999, petitioner and his then wife, Theresa Davis
(Davis), owned and resided in a home in Las Vegas at 4302
Callahan Avenue (4302 Callahan). Petitioner and Davis separated
at the end of that period, and for approximately the next 2
months, Davis resided at 4302 Callahan, and petitioner resided
with relatives. On December 16, 1999, The Gary R. Davis Living
Trust, Gary R. Davis Trustee, purchased a house in Las Vegas at
629 Mariola St. (629 Mariola). Petitioner resided at 629 Mariola
from approximately December 1999 to approximately April 2003.
Petitioner and Davis sold the home at 4302 Callahan on
February 23, 2000, for $525,000.
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