Estate of John L. Baird, Deceased, Ellen B. Kirkland and J. Samuel Baird, Co-Executors - Page 2

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          Baird I).  The second opinion involved the question of whether              
          the estates were entitled to litigation costs.  Estate of Baird             
          v. Commissioner, T.C. Memo. 2002-299 (Estate of Baird II).  In              
          Estate of Baird II we held that respondent’s position in the                
          proceeding was substantially justified and, therefore, the                  
          estates were not entitled to litigation costs.  Because we                  
          decided that estates were not entitled to litigation costs, we              
          did not address the question of whether the litigation costs                
          claimed by the estates were reasonable, an issue raised by                  
          respondent.                                                                 
               The estates appealed and the Court of Appeals for the Fifth            
          Circuit reversed our holding that the estates were not entitled             
          to section 74301 fees and costs and remanded these cases to this            
          Court “for a determination of the amount of fees and costs to be            
          awarded to the * * * [estates].”  Estate of Baird v.                        
          Commissioner, 416 F.3d 442, 455 (5th Cir. 2005).2                           






               1 All section references are to the Internal Revenue Code,             
          as modified and in effect for the periods under consideration.              
          Rule references are to the Tax Court’s Rules of Practice and                
          Procedure.                                                                  
               2 Following the completion of appellate proceedings there              
          was a delay in our receipt and consideration of the record in               
          these cases, due to the effect of Hurricane Katrina upon the                
          operation of the Court of Appeals for the Fifth Circuit’s Clerk’s           
          office.                                                                     




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