Legal Opinion

Sokol v. Commissioner

United States Tax Court

Decided April 5, 1989No. Docket No. 18288-84PublishedCited by 119 opinions

Prior to filing his answer to the petition herein, R tried to concede the tax issue raised in the deficiency notice and in the petition. Ps refused to execute a stipulated decision document because R would not concede Ps' entitlement to litigation costs under sec. 7430, I.R.C. 1954. In his answer to the petition, R conceded the only tax issue raised in the deficiency notice and in the petition.

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Prior to filing his answer to the petition herein, R tried to concede the tax issue raised in the deficiency notice and in the petition. Ps refused to execute a stipulated decision document because R would not concede Ps' entitlement to litigation costs under sec. 7430, I.R.C. 1954. In his answer to the petition, R conceded the only tax issue raised in the deficiency notice and in the petition. No further action was taken by either party until the case was called from a trial calendar for trial, at which time the parties filed a stipulation that there was no deficiency in or overpayment of…

1Opinion of the Court

Parker, Judge:

This case is before the Court on petitioners’ motion for litigation costs under section 7430.1 Specifically, the issue is whether respondent’s position in this civil proceeding was unreasonable within the meaning of section 7430(c)(2)(A)(i) [now section 7430(c)(4)(A)(i)].

FINDINGS OF FACT2

At the time the petition was filed, petitioners resided in St. Joseph, Missouri. Petitioner Ronald M. Sokol (Mr. Sokol) is an attorney, now employed by his professional corporation, Ronald M. Sokol, P.C. Ronald M. Sokol, P.C. was incorporated on November 5, 1981. In addition to petitioners’…

2Cases cited29 opinions

  1. Cupp v. CommissionerUnited States Tax Court · 1975
  2. BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
  3. Sher v. CommissionerUnited States Tax Court · 1987
  4. Leopold Z. Sher and Karen B. Sher v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1988
  5. Wasie v. CommissionerUnited States Tax Court · 1986

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

3Cited by119 opinions

  1. Powers v. CommissionerUnited States Tax Court · 1993
  2. Coastal Petroleum Refiners, Inc. v. CommissionerUnited States Tax Court · 1990
  3. Cassuto v. CommissionerUnited States Tax Court · 1989
  4. Ramon Portillo and Dolores Portillo v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1993
  5. Dixson Int'l Service Corp. v. CommissionerUnited States Tax Court · 1990

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

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