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and (2) R did not err in calculating the amounts of interest
on any remaining issue raised by Ps.
Ps move for an award of litigation costs.
Held: Ps have not “substantially prevailed” with
respect to the most significant issue or set of issues
presented, nor have they “substantially prevailed”
with respect to the amount in controversy. Sec.
7430(c)(4)(A)(i), I.R.C. 1986. Consequently, Ps are not the
“prevailing party” (sec. 7430(c)(4)(A), I.R.C. 1986), and
are not entitled to an award of reasonable litigation costs.
Sec. 7430(a)(2), I.R.C. 1986.
Matthew J. McCann, for petitioners.
William J. Gregg and Warren P. Simonsen, for respondent.
OPINION
CHABOT, Judge: This matter is before us on petitioners’
motion for an award of reasonable litigation costs pursuant to
section 74301 and Rule 231.2
The issues for decision are:
(1) Whether petitioners are the “prevailing party” for
purposes of section 7430--in particular:
(A) Whether petitioners “substantially prevailed”
1 Unless indicated otherwise, all section references are to
sections of the Internal Revenue Code of 1986 as in effect for
proceedings commenced at the time the petition in the instant
case was filed.
2 Unless indicated otherwise, all Rule references are to the
Tax Court Rules of Practice and Procedure.
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