- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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