- 32 - penalties, and not with respect to the deficiencies. The excess of the civil fraud penalties over the negligence penalties is about one-third of the total of the civil fraud penalties and the deficiencies determined against Sandra. We conclude that one- third of the costs incurred in connection with the instant motion is properly allowable to Sandra in connection with the penalties issue. The parties are to calculate the amounts so awardable in connection with the computations under Rule 155. They are cautioned to avoid “penny-wise and pound-foolish” disputes on this matter. See, e.g., Dang v. Commissioner, 259 F.3d 204, 206 (4th Cir. 2001), affg. an unreported order and decision of this Court entered July 21, 2000; Goettee v. Commissioner, T.C. Memo. 2003-43 (issue II, B. 1, relating to a dispute, in an interest abatement case, as to whether $2.44 had been paid on May 19, 1985, or May 19, 1986). E. Qualified Offer Sandra contends that, because she submitted a qualified offer within the meaning of section 7430(g) and the judgment as to her was less than the amount of the offer, she is the prevailing party under section 7430(c)(4)(E). See supra note 4. Respondent contends that “Petitioner’s letter * * * was not a qualified offer, because it was not designated at the time it was made as a qualified offer for purposes of section 7430(g).”Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011