- 9 - determination in the notice of deficiency; it is whether respondent had a basis in fact for that position. We may consider evidence not offered at trial in deciding a motion for litigation costs. Rules 231, 232; see Rule 34(b) (taxpayer may not claim litigation costs in petition); Rule 70(a)(2) (no discovery relevant to litigation costs without leave of Court before hearing set on motion for litigation costs). Respondent relied on RMA and Occupational Outlook Handbook data to determine petitioner's reasonable compensation for officers. This case is different from Powers v. Commissioner, supra at 472, in which the Commissioner determined a deficiency without considering any information about the case. Respondent did not call any expert witnesses. However, even without an expert at trial, we believe respondent's position had a basis in fact. c. Respondent's Basis in Law The parties generally agreed about the factors courts have used to decide whether compensation is reasonable, but disagreed on how the factors applied to this case. Petitioner does not contend that respondent did not have a reasonable basis in law. We conclude respondent had a reasonable basis in law.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011