Legal Opinion

Frisch v. Commissioner

United States Tax Court

Decided October 28, 1986No. Docket No. 9417-83Published

Petitioner, an attorney acting pro se, prevailed in a Tax Court case involving the valuation of a donated Norman Rockwell print. He then moved for an award of reasonable litigation costs pursuant to sec. 7430, I.R.C. 1954. Held, respondent's position in the Tax Court proceeding was unreasonable, and petitioner is entitled to litigation costs. Held, further, a pro se attorney-petitioner is not entitled to an award for the value of his own services.

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Petitioner, an attorney acting pro se, prevailed in a Tax Court case involving the valuation of a donated Norman Rockwell print. He then moved for an award of reasonable litigation costs pursuant to sec. 7430, I.R.C. 1954. Held, respondent's position in the Tax Court proceeding was unreasonable, and petitioner is entitled to litigation costs. Held, further, a pro se attorney-petitioner is not entitled to an award for the value of his own services. Held, further, petitioner is awarded the sum of $ 1,860, representing expert witness fees and the fee for filing his Tax Court petition.

1Opinion of the Court

E. Roger Frisch and Marie L. Frisch, Petitioners v. Commissioner of Internal Revenue, Respondent

Frisch v. Commissioner

Docket No. 9417-83

United States Tax Court

87 T.C. 838; 1986 U.S. Tax Ct. LEXIS 33; 87 T.C. No. 53;

October 28, 1986, Filed

Petitioner, an attorney acting pro se, prevailed in a Tax Court case involving the valuation of a donated Norman Rockwell print. He then moved for an award of reasonable litigation costs pursuant to sec. 7430, I.R.C. 1954. Held, respondent's position in the Tax Court proceeding was unreasonable, and petitioner is entitled to litigation costs. Held, further, a…

2Cases cited25 opinions

  1. Ellis v. CassidyCourt of Appeals for the Ninth Circuit · 1980
  2. Gilbert A. Cuneo v. Donald H. RumsfeldCourt of Appeals for the D.C. Circuit · 1977
  3. Eddie David Cox v. United States Department of JusticeCourt of Appeals for the D.C. Circuit · 1979
  4. De Venney v. CommissionerUnited States Tax Court · 1985
  5. Mid-Hudson Legal Services, Inc. v. G & U, Inc.Court of Appeals for the Second Circuit · 1978

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