- 2 - for an evidentiary hearing on this matter. See Rule 232(a)(2). Accordingly, we rule on petitioner’s motion on the basis of the parties’ submissions and the existing record. See Rule 232(a)(1). The portions of our opinion on the merits in the instant case, Morrison v. Commissioner, T.C. Memo. 2005-53 (Morrison), that are relevant to our disposition of this motion are incorporated herein by this reference. After concessions2, the issues for decision are: (1) Whether petitioner paid or incurred any attorney’s fees; (2) whether respondent was substantially justified in his position before petitioner made his qualified offer; (3) whether petitioner unreasonably protracted the proceedings; and (4) whether the costs claimed are reasonable. Background Respondent issued a notice of deficiency to petitioner on July 24, 2003, determining the following deficiencies in and accuracy-related penalty on petitioner’s Federal income taxes: Penalty Year Deficiency Sec. 6662(a) 1999 $87,780 $17,556 2000 4,075 –- 2 Respondent concedes that petitioner qualifies as a prevailing party based on the qualified offer made on or about Apr. 5, 2004, meets the net worth requirement, and exhausted all administrative remedies.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011