John G. Goette, Jr. and Marian Goettee - Page 2

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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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