Estate of Charles A. Lippitz, Deceased, Michael Lippitz, Administrator and Rhita S. Lippitz - Page 19




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          However, that is not the case here.  It was not until after                 
          petitioner actively litigated the issue––by filing a motion for             
          summary judgment––that respondent conceded she was entitled to              
          innocent spouse relief.  We find this akin to a concession after            
          trial.                                                                      
               We do not believe Congress intended to grant respondent the            
          latitude to wait until just before the resolution of a                      
          dispositive motion, or the end of a trial to concede a matter and           
          still benefit from the settlement exclusion of section                      
          7430(c)(4)(E).  Section 7430 was designed to emulate Rule 68 of             
          the Federal Rules of Civil Procedure and encourage settlement by            
          imposing litigation costs on the party unwilling to settle.                 
          Gladden v. Commissioner, supra at 450.  Respondent was unwilling            
          to settle this case on the terms and at the times offered by                
          petitioner.  Respondent cannot sidestep the consequences of such            
          refusal by conceding the issues after petitioner had effectively            
          presented the case for disposition by the Court.                            
          C.   Net Worth Requirements                                                 
               Respondent also argues that petitioner has not established             
          that she meets the net worth requirements required to claim                 
          litigation fees.  To qualify for an award of litigation costs,              
          the prevailing taxpayer cannot have a net worth that exceeded $2            
          million at the time the petition was filed.  Sec.                           
          7430(c)(4)(A)(ii); 28 U.S.C. sec. 2412(d)(2)(B) (2000).                     







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