-15- Petitioners must establish all of the above requirements before the Court may award litigation and administrative costs under section 7430. Minahan v. Commissioner, 88 T.C. 492, 497 (1987); Han v. Commissioner, T.C. Memo. 1993-386. Petitioners have the burden of proof with respect to each and every requirement. Rule 232(e); Welch v. Helvering, 290 U.S. 111, 115 (1933); Gantner v. Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th Cir. 1990). The "not substantially justified" standard under section 7430 is applied as of the separate dates that respondent took positions in the administrative proceeding and the proceeding in this Court. Sec. 7430(c)(7)(A) and (B); Huffman v. Commissioner, supra; Han v. Commissioner, supra. For purposes of the administrative proceeding, respondent took a position on March 11, 1994, the date of the notice of deficiency. Sec. 7430(c)(7)(B). For purposes of the proceeding in this Court, respondent took a position on July 22, 1994, the date respondent filed the answer. See Huffman v. Commissioner, supra at 1148. These two positions are virtually identical; there is no evidence in the record that respondent's position changed from the time she issued the notice of deficiency until after the February 1995 meeting when petitioners provided respondent with pertinent facts surrounding the transactions. Whether or not this position was substantially justified will determine whether petitioners are entitled to an award of reasonable litigation and administrative costs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011