John G. Goette, Jr. and Marian Goettee - Page 3

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                   with respect to either the most significant issue or               
                   set of issues or the amount in controversy, within the             
                   meaning of section 7430(c)(4)(A)(i), or                            
                        (B)  Whether respondent established that                      
                   respondent’s position was “substantially justified”                
                   within the meaning of section 7430(c)(4)(B)(i);                    
                   (2) Whether petitioners unreasonably protracted the                
              proceedings; and                                                        
                   (3) Whether petitioners’ claimed costs are unreasonable            
              or excessive.                                                           
              We reach issues (2) and (3) only if petitioners prevail, in             
         whole or in part, on issue (1).                                              
              In their memorandum of law, petitioners requested a hearing             
         on their litigation costs motion, on the ground that “respondent             
         has not favored petitioners with the basis for disagreement with             
         any allegations contained in petitioners’ motion”, in violation              
         of Rule 232(b)(7).  Having examined the parties’ stipulations and            
         memoranda of law, we conclude that this litigation costs motion              
         may properly be resolved without an evidentiary hearing.  See                
         Rules 231(b)(8), 232(a)(2) (last sentence), and 232(b) (final                
         flush language).                                                             
                                  Background                                          
              The underlying facts of this case are set out in detail in              
         Goettee v. Commissioner, T.C. Memo. 1997-454, T.C. Memo. 2003-43,            






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