- 2 - a proposed decision that P had an overpayment of $2,890. We entered the decision. P then moved for litigation costs of $19,100 ($27,000 at “market rate”); on opening legal memorandum, P contends that awardable costs on this $2,890 case have risen to $45,225 ($75,000 at “market rate”). We vacated the entry of decision and filed the litigation costs motion. Held: P’s motion for litigation costs denied; R established that R’s position in this case was substantially justified. Sec. 7430(c)(4)(B)(i), I.R.C. 1986. Other contentions evaluated. Jeffrey D. Moffatt, for petitioner. Lorraine Y. Wu, for respondent. MEMORANDUM OPINION CHABOT, Judge: This matter is before us on petitioner’s motion for an award of reasonable litigation costs pursuant to section 74301 and Rule 231.2 Respondent determined a deficiency in individual income tax against petitioner in the amount of $2,890 for 2002. The determined deficiency arose from petitioner’s claim of a refundable earned income credit in that amount under section 32. 1 Unless indicated otherwise, all references to secs. 7430 and 7453 are to those sections of the Internal Revenue Code of 1986 as in effect for proceedings commenced at the time the petition in the instant case was filed; all other section references are to sections of the Internal Revenue Code of 1986 as in effect for 2002, the year in issue. 2 Unless indicated otherwise, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011