Dorene Bulger - Page 15

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          judicial proceeding to which section 7430(a) applies, sec.                  
          7430(c)(7)(A).  Respondent’s litigating position is that taken in           
          his answer, which was filed on May 1, 2003.  See Huffman v.                 
          Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part,           
          revg. in part and remanding T.C. Memo. 1991-144; Maggie Mgmt. Co.           
          v. Commissioner, 108 T.C. 430, 442 (1997).  Respondent’s position           
          in the answer was that the investment in SGE was a joint                    
          investment, and petitioner was not entitled to relief under                 
          section 6015(c) because she did not meet the marital status                 
          requirement and had actual knowledge, when she signed the                   
          returns, of any items giving rise to the deficiency that were               
          allocable to her spouse.                                                    
               The Commissioner’s position is substantially justified if it           
          has a reasonable basis in both fact and law and is justified to a           
          degree that could satisfy a reasonable person.  Huffman v.                  
          Commissioner, supra at 1147 n.8 (citing Pierce v. Underwood, 487            
          U.S. 552, 565 (1988)); Maggie Mgmt. Co. v. Commissioner, supra at           
          443; sec. 301.7430-5(c)(1), Proced. & Admin. Regs.  The                     
          reasonableness of the Commissioner’s position turns on the                  
          available facts that formed the basis for the position and any              
          legal precedents related to the case.  Maggie Mgmt. Co. v.                  
          Commissioner, supra at 443; DeVenney v. Commissioner, 85 T.C.               
          927, 930-931 (1985).  A significant factor in determining whether           
          the Commissioner’s position is substantially justified as of a              






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