- 2 - 1. Held: R’s position on income-splitting was substantially justified; P-W was not prevailing party on that issue. Sec. 7430(c)(4)(B)(i), I.R.C. 1986. 2. Held, further, R’s position on P-W’s civil fraud penalties was not substantially justified, but R’s alternative position on P-W’s negligence penalties was substantially justified; P-W was prevailing party on that issue to extent of excess of fraud penalties over negligence penalties. Sec. 7430(c)(4)(A), I.R.C. 1986. 3. Held, further, Under the circumstances of the instant case, Ps’ motion to reopen the record did not unreasonably protract the proceedings. Sec. 7430(b)(3), I.R.C. 1986. 4. Held, further, Amounts of costs apportioned, generally in accordance with ratio of (a) excess of P-W’s determined fraud penalties over P-W’s determined negligence penalties, to (b) other determined amounts. 5. Held, further, Ps’ settlement offer was not a “qualified offer” because it failed statutory designation requirement. Sec. 7430(g)(1)(C), I.R.C. 1986. John S. Ponseti, for petitioners. Susan S. Canavello, for respondent. SUPPLEMENTAL MEMORANDUM OPINION CHABOT, Judge: This matter is before us on the motion of petitioner Sandra M. Downing1 (hereinafter sometimes referred to as Sandra) for an award of reasonable litigation and 1 Petitioner Michael J. Downing (hereinafter sometimes referred to as Michael) is not a party to this motion, but he nevertheless remains a party in the case. See DeLucia v. Commissioner, 87 T.C. 804, 811 (1986).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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