Michael J. Downing and Sandra M. Downing - Page 30

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          it was reasonable for them to incur costs without incurring                 
          additional costs to calculate how much of any item primarily                
          benefited Sandra rather than Michael.  Also, everything that                
          affected the amount of the deficiency might have affected the               
          amount of the civil fraud penalty.  See sec. 6663(a).                       
          Accordingly, we reject respondent’s contention that we should               
          reject petitioners’ costs that “pertain to the bank deposits                
          method”.  Accordingly, we conclude that one-eighth of the                   
          administrative costs and the litigation costs (except as to                 
          litigation costs incurred in connection with the instant motion             
          for costs) is properly allowable to Sandra in connection with the           
          fraud issue.                                                                
               Respondent contends that none of the costs incurred before             
          April 3, 1998, are awardable, relying on the last sentence of               
          section 7430(c)(2).  See supra note 4.  Sandra does not appear to           
          dispute respondent’s factual predicates or statutory                        
          interpretation.  Accordingly, none of the costs incurred before             
          April 3, 1998, are to be taken into account in determining the              
          total to which the one-eighth allocation is to be applied.                  
               Respondent also contends that Sandra is not entitled to                
          litigation costs in connection with petitioners’ motion to                  
          restrain assessment and collection.  It appears that, in                    
          violation of section 6213(a), respondent assessed the determined            
          deficiencies and penalties after petitioners filed their                    






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