- 14 - Huckaby v. United States, 804 F.2d at 300, the Court of Appeals stated as follows: Huckaby, however, has prevailed on the primary issue: whether the government was liable for tax return disclosures that were given without written consent. Section 7430(c)(2)(A)(ii)(II) is phrased in terms of issues not claims. We therefore hold that Huckaby has met the second prong of the “prevailing party” requirement. [Emphasis in original.] We have not found, and petitioners have not directed our attention to, any element in the instant case that plays a role similar to the significance of the “written consent” issue in Huckaby. In Wilkerson v. United States, 67 F.3d 112, 120 (5th Cir. 1995), the Court of Appeals stated as follows: Wilkerson has prevailed on her claim of wrongful levy, but failed on all her other claims, including wrongful disclosure. Although she sought a greater amount of damages for the disclosures, that fact alone does not make the disclosure issue most significant. See Huckaby, 804 F.2d at 299-300 (holding that a party was a “prevailing party” despite award of only $1,000 out of possible $28,000 in damages). In order to determine which issue is most significant, we must determine which issue is primary or most nearly central to the case. See id. at 300 (holding an issue most significant because it was “the primary issue”). Looking at the gravamen of Wilkerson’s complaint, the primary issue was whether the levies on Wilkerson’s property were wrongful. The bulk of Wilkerson’s claims were in some way derived from the wrongfulness of the levies. For example, Wilkerson’s argues that she is entitled to recover under the Fifth Amendment because the levies caused her to lose her business without due process or just compensation. Likewise, Wilkerson based her claim of wrongful disclosure on a theory that the wrongfulness of the levies made the disclosures wrongful. Although we reject this position, Wilkerson’s complaint indicates the centrality of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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