- 3 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011