- 10 - Although petitioner is correct that payments which continue after the recipient's death are not alimony, she does not address the reasonableness of respondent's position considering these facts and circumstances. Petitioner has not demonstrated that respondent's position was not substantially justified. Petitioner has not proved that respondent's position lacked a reasonable basis in fact or law at the time the notice of deficiency was issued or the answer was filed, in light of the information then available to respondent. In fact, the record fails to detail the events that occurred which led to respondent's eventual concession of this case. Consequently, petitioner is not a prevailing party as defined in section 7430(c)(4). As a result of this holding, we need not address the question of whether petitioner has satisfied the other requirements of section 7430. Petitioner is not entitled to an award for reasonable administrative and litigation costs. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011