- 20 - Petitioner has filed affidavits averring that her net worth was less than $2 million at the time her amended petitions were filed as well as when the original petitions were filed. We find petitioner’s submissions to be credible, and respondent has offered no evidence to contradict petitioner’s statements. Accordingly, we are satisfied that petitioner meets the net worth requirements. D. Whether Petitioner Protracted the Proceedings Respondent argues that petitioner is not entitled to an award of litigation costs because she unreasonably protracted the proceedings. Sec. 7430(b)(3) (“No award for reasonable * * * costs may be made * * * with respect to any portion of the * * * court proceeding during which the prevailing party has unreasonably protracted such proceeding.”). Respondent faults petitioner for not complying with a summons originally dated October 5, 1987. Respondent attempted to resurrect the summons in January 2006, in a letter to petitioner. According to respondent’s records, the summons issued to petitioner was served by leaving a copy at the abode of Mr. Lippitz. The other evidence before the Court suggests that before 2003, petitioner was not in a position to play an active role in responding to the summons in question. Accordingly, we cannot find fault in petitioner’s failure to comply with the 20 year old summons where there is no evidence that petitioner evenPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007