- 4 - Office. After reviewing the documentation, the Appeals officer agreed with petitioner that there was no deficiency in income tax, an accuracy-related penalty should not be imposed, and petitioner’s refund should have been $1,179 rather than $1,287. Petitioner conceded respondent’s determination relating to the dividend income. On September 26, 2005, the Court entered a decision, pursuant to a signed decision document, in favor of petitioner in the amount of $108. On October 20, 2005, the Court filed petitioner’s motion for award of reasonable litigation and administrative costs. On November 7, 2005, the Court filed respondent’s objection. Discussion Petitioner contends he is entitled to litigation costs because he “prevailed with respect to the amount in controversy.” Conversely, respondent contends that his position was substantially justified because petitioner did not properly report his interest, dividend, and capital gain income. In addition, respondent contends that petitioner failed to substantiate his tuition expense. The prevailing party in a Tax Court proceeding may recover litigation costs. See sec. 7430(a); Rule 231. Petitioner bears the burden of proving that he meets each requirement of sectionPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011