The Brinson Company-Midwest, Inc., et al - Page 8

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          86 T.C. 962, 969 (1986).  A position is substantially justified             
          if the position is "justified to a degree that could satisfy a              
          reasonable person".  Pierce v. Underwood, supra at 565; see also            
          Lennox v. Commissioner, 998 F.2d 244, 248 (5th Cir. 1993), revg.            
          in part T.C. Memo. 1992-382; Norgaard v. Commissioner, 939 F.2d             
          874, 881 (9th Cir. 1991), affg. in part and revg. in part T.C.              
          Memo. 1989-390.  That standard is the same as the reasonable                
          basis both in fact and law standard used by this and other                  
          courts.  Pierce v. Underwood, supra at 564; Powers v.                       
          Commissioner, supra at 471.                                                 
               Other factors that may be taken into account in making this            
          determination 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.  H. Rept. 97-404, at 12                
          (1981); see also Sher v. Commissioner, 89 T.C. 79, 85 (1987),               
          affd. 861 F.2d 131 (5th Cir. 1988).                                         
               With respect to a claim for reasonable administrative costs,           
          the phrase "position of the United States", as used in section              
          7430, means the position taken by the United States in any                  
          administrative proceeding to which section 7430 applies as of the           
          earlier of (1) the date of the receipt by the taxpayer of the               




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