Michael J. Downing and Sandra M. Downing - Page 2

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                    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).                                      




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