Gustavo and Veronica Zeron - Page 6

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          documentation relating to the disputed deductions, at which                 
          time respondent conceded the propriety of the deductions.5                  
          Accordingly, we hold that petitioners are not entitled to                   
          recover their administrative costs.                                         
               We have considered all of petitioners’ contentions,6 and,              
          to the extent they are not addressed herein, they are irrelevant,           
          moot, or without merit.                                                     
               To reflect the foregoing,                                              

                                        An appropriate order and                      
                                             decision will be entered.                









               5Respondent also contends that petitioners protracted the              
          instant proceedings and are therefore ineligible for cost                   
          recovery.  Sec. 7430(b)(3).  Although we do not address that                
          issue, since we have disposed of the instant motion on other                
          grounds, we note that petitioners did not provide the required              
          documentation to support their claimed deductions until 11 months           
          after respondent requested it.  Once in possession of the                   
          requested documentation, respondent presumably would have                   
          conceded the deductions at any point in the administrative or               
          litigation process, as respondent ultimately did on the eve of              
          trial just 1 week after receiving the documentation.                        
          Consequently, petitioners forced an administrative proceeding and           
          litigation, instead of a brief exchange of correspondence.                  
               6This includes both arguments made in petitioners’ motion              
          and subsequent memorandum of law.                                           





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