Gilbert Vasquez - Page 2

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               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.                                  




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