Barbara A. Owen - Page 13

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          the work performed for the benefit of both groups of Hoyt                   
          investor clients and included charges to common accounts that               
          were computed using an hourly rate of $195 for two of                       
          petitioner’s attorneys.  On January 28, 2005, we received and               
          filed respondent’s supplemental response to petitioner’s                    
          supplemental declaration.                                                   
                                     Discussion                                       
               Section 7430(a) authorizes the award of reasonable                     
          administrative and litigation costs to the prevailing party in an           
          administrative or court proceeding brought by or against the                
          United States in connection with the determination of income tax.           
          In addition to being the prevailing party, in order to receive an           
          award of reasonable litigation costs, a taxpayer must exhaust               
          administrative remedies and not unreasonably protract the                   
          administrative or court proceeding.  Sec. 7430(b)(1), (3).                  
          Unless the taxpayer satisfies all of the section 7430                       
          requirements, we do not award costs.  Minahan v. Commissioner, 88           
          T.C. 492, 497 (1987).                                                       
               Section 7430(c)(4)(A) and (B)(i) provides that a taxpayer is           
          a prevailing party if (1) the taxpayer substantially prevailed              
          with respect to the amount in controversy or the most significant           
          issue or set of issues, (2) the taxpayer meets the net worth                
          requirements of 28 U.S.C. section 2412(d)(2)(B) (2000), and (3)             
          the Commissioner’s position in the court proceeding was not                 






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