- 6 - 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.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011