- 7 - revg. in part on other grounds and remanding T.C. Memo. 1991- 144); Han v. Commissioner, T.C. Memo 1993-386. Respondent filed her answer on November 30, 1994. Thus, we will consider respondent's position as of this date in determining whether to award petitioner litigation costs. Respondent's position, namely that petitioner failed to recognize certain payments received from her former husband as alimony, did not change between September 30 and November 30, 1994. In determining whether respondent's position was substantially justified on each of these dates, we will consider the basis of respondent's position and the manner in which respondent maintained that position. Wasie v. Commissioner, 86 T.C. 962, 969 (1986). Factors which may be considered include: (1) whether the government used the costs and expenses of litigation against its position to extract concessions from the taxpayer that were not justified under the circumstances of the case, (2) whether the government pursued the litigation against the taxpayer for purposes of harassment or embarrassment, or out of political motivation, and (3) such other factors as the Court finds relevant. [Sher v. Commissioner, 89 T.C. 79, 85 (1987) (quoting H. Rept. 97-404, at 12 (1981)), affd. 861 F.2d 131 (5th Cir. 1988).] A position is substantially justified if the position is "justified to a degree that could satisfy a reasonable person". Pierce v. Underwood, 487 U.S. 552, 565 (1988). Additionally, the position must have a reasonable basis both in law and in fact. Id.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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