James L. Ball - Page 10

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            determine when the position of the United States was established,                           
            the Senate amendment provides as follows:                                                   
                        (7)  Position of United States.--The term                                       
                  "position of the United States" means the position                                    
                  taken by the United States in the proceeding to which                                 
                  subsection (a) applies as of the later of --                                          
                              (A) the date of the first letter of proposed                              
                        deficiency which allows the taxpayer an                                         
                        opportunity for administrative review in the                                    
                        Internal Revenue Service Office of Appeals (or if                               
                        earlier, the date of the notice of deficiency), or                              
                              (B) the date by which the taxpayer has                                    
                        presented the relevant evidence within the control                              
                        of the taxpayer and legal arguments with respect                                
                        to such proceeding to examination or service                                    
                        center personnel of the Internal Revenue Service.                               
            134 Cong. Rec. 24221 (Sept. 16, 1988).  The TAMRA conference                                
            report describes the Senate provision as follows:                                           
                  In determining whether the position of the United                                     
                  States was substantially justified, the position of the                               
                  United States is determined as of the later of (1) the                                
                  date of the first letter of proposed deficiency                                       
                  (generally the 30-day letter) that allows the taxpayer                                
                  an opportunity for administrative review in the IRS                                   
                  Appeals Office (or, if no letter of proposed deficiency                               
                  is sent, the date of the notice of deficiency described                               
                  in section 6212 of the Code), or (2) the date by which                                
                  the relevant evidence under the control of the                                        
                  taxpayer, as well as relevant legal arguments, with                                   
                  respect to such action have been presented by the                                     
                  taxpayer to IRS examination or Service Center                                         
                  personnel.                                                                            
            H. Rept. 100-1104, supra at 225-226, 1988-3 C.B. at 715-716.  The                           
            TAMRA conference report states:                                                             
                  The conference agreement follows the Senate amendment,                                
                  with the modification that the position of the United                                 
                  States is determined as of the earlier of (1) the date                                
                  of the receipt by the taxpayer of the notice of the                                   
                  decision of the IRS Office of Appeals, or (2) the date                                




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