- 23 - F. Conclusion We find that petitioner is entitled to an award of litigation costs for all of the docketed cases from the date respondent filed his answer to the amended petitions, as petitioner was the prevailing party, and respondent was not substantially justified. Petitioner is also entitled to an award of litigation costs for the period before respondent filed his answer, on the basis that petitioner submitted a qualified offer for taxable year 1985, and petitioner’s liability for 1985 was found by this Court to be less than if respondent had accepted this offer. We note, however, that the record is insufficient to distinguish petitioner’s litigation costs related to the 1985 tax year from those related to the 1980 through 1984 tax years. Petitioner will bear the burden of demonstrating which costs incurred between the qualified offer and respondent’s answer should be allocated to the 1985 tax year. Additionally, petitioner is entitled to an award of the costs associated with the current motion. See Commissioner, INS v. Jean, 496 U.S. 154, 161-162 (1990). To reflect the foregoing, An appropriate order will be issued.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23Last modified: November 10, 2007