- 11 - 3. Petitioners are entitled to an abatement or correction of Respondent’s interest computation errors. Petitioners’ opening posttrial brief listed a number of asserted errors, the most significant of which appeared to be (1) incorrect starting dates for interest computations as to all 3 years’ liabilities, and (2) respondent’s failure to pay interest or provide offsets on account of a $40,000 settlement offer amount which respondent held for about 7 months. In petitioners’ motion for reconsideration of our opinion in Goettee I, they specified about 2-1/2 months of delay periods in addition to the 16-1/4 months they had specified in their opening posttrial brief. See Goettee v. Commissioner, T.C. Memo. 2004-9, issues 2, 3, and 4. We agree with petitioners’ contention in their motion papers: However, the government cannot avoid an award of litigation costs by conceding a matter when such concession is conditioned on terms unacceptable by the other party. See, Culpepper-Smith v. U.S.A., 50 F. Supp. 2nd 425, 430 (E.D. Pa 1999). However, we do not determine that respondent in the instant case improperly conditioned any concessions. In evaluating the extent of petitioners’ success we take into account those matters that respondent conceded (whether early or late in the proceedings) as well as the one contested matter as to which we held in part for petitioners. Petitioners point to the fact that at one point during thePage: 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