Legal Opinion

Grigoraci v. Comm'r

United States Tax Court

Decided March 25, 2004No. 8784-01PublishedCited by 15 opinions

Ps sought redetermination under sec. 6213, I.R.C., of a deficiency for tax on self-employment income from a partnership in which H was an indirect partner. Following Grigoraci v. Commissioner, T.C. Memo. 2002-202 (Grigoraci I), which involved a similar issue for Ps' earlier tax year, this Court dismissed the instant case for lack of jurisdiction. Ps seek reasonable litigation and administrative costs allegedly incurred in Grigoraci I as well as in the instant proceeding.

Read the full summary

Ps sought redetermination under sec. 6213, I.R.C., of a deficiency for tax on self-employment income from a partnership in which H was an indirect partner. Following Grigoraci v. Commissioner, T.C. Memo. 2002-202 (Grigoraci I), which involved a similar issue for Ps' earlier tax year, this Court dismissed the instant case for lack of jurisdiction. Ps seek reasonable litigation and administrative costs allegedly incurred in Grigoraci I as well as in the instant proceeding. Ps also seek punitive damages against R. Held: Pursuant to sec. 7430, I.R.C., we cannot in this proceeding award Ps…

1Opinion of the Court

OPINION

Thornton, Judge:

This case is before us on petitioners’ motion for reasonable litigation and administrative costs pursuant to section 7430 and Rule 231.1

Background

Mr. Grigoraci is a certified public accountant and the chief executive officer (C.E.O.) of an accounting partnership, Grigoraci, Trainer, Wright & Paterno (GTWP). On December 1, 1995, Mr. Grigoraci formed Victor Grigoraci CPA Accounting Corp. as an S corporation (the S corporation) for the purpose of acting as a partner (with two other corporations) in GTWP. On their 1997 and 1998 joint Federal income tax returns, petitioners…

2Cases cited8 opinions

  1. David E. Gantner and Sandra L. Gantner v. Commissioner of Internal Revenue, David E. Gantner and Sandra L. Gantner v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1990
  2. Frisch v. CommissionerUnited States Tax Court · 1986
  3. Swanson v. CommissionerUnited States Tax Court · 1996
  4. Gantner v. CommissionerUnited States Tax Court · 1989
  5. Weiss v. CommissionerUnited States Tax Court · 1987

3 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Dixon v. Comm'rUnited States Tax Court · 2009
  2. Dixon v. Comm'rUnited States Tax Court · 2006
  3. In Re SeayUnited States Bankruptcy Court, E.D. Arkansas · 2007
  4. Vasquez v. Comm'rUnited States Tax Court · 2007
  5. Kovacs v. United States (In Re Kovacs)United States Bankruptcy Court, E.D. Wisconsin · 2007

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API