Kristin J. Calitri - Page 3

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               This matter is before the Court on petitioner’s Motion for             
          Litigation and Administrative Costs filed pursuant to section               
          7430 and Rule 231.1  Respondent filed a response to petitioner’s            
          motion.  Respondent agrees that petitioner:  (1) Has exhausted              
          her available administrative remedies within the Internal Revenue           
          Service (IRS); (2) has not unreasonably protracted the court                
          proceedings; (3) has claimed a reasonable amount of costs; (4)              
          has substantially prevailed with respect to the amount in                   
          controversy and with respect to the most significant issue                  
          presented in the court proceedings; and (5) has met the net worth           
          requirements as provided by law.                                            
               Respondent does not agree, however, that petitioner is a               
          prevailing party, because he contends that his position in the              
          court proceedings was substantially justified.                              
               The parties have not requested a hearing in this case and              
          the Court concludes that a hearing is not necessary to decide               
          this motion.  See Rule 232(a)(2).  Accordingly, the Court rules             
          on petitioner’s motion based on the parties’ submissions and the            
          record in this case.                                                        


               1Although petitioner’s motion is captioned Motion for                  
          Litigation and Administrative Costs, all of the costs sought in             
          the motion are, by definition, litigation costs, because                    
          petitioner’s costs were incurred either in connection with the              
          preparation or filing of the petition with the Court or after the           
          filing of the petition with the Court.  See sec. 7430(c)(1); sec.           
          301.7430-4(c)(3), Proced. & Admin. Regs.  Therefore, the Court              
          will treat petitioner’s motion as a motion for the recovery only            
          of litigation costs.                                                        




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