- 12 - Commissioner, 861 F.2d 131, 134-35 (5th Cir. 1988), affg. 89 T.C. 79 (1987). In deciding whether the Commissioner's position was substantially justified, the Court will consider not only the basis of the Commissioner's legal position, but also the manner in which the Commissioner maintained that position. Wasie v. Commissioner, 86 T.C. 962, 969 (1986). In assessing the Commissioner's position in each of the proceedings, we may consider, inter alia, whether the Commissioner used the costs and expenses of litigation to extract unjustified concessions from the taxpayer, whether the Commissioner pursued litigation to harass or embarrass the taxpayer, or whether the Commissioner's pursuit of the litigation was politically motivated. Rutana v. Commissioner, 88 T.C. 1329, 1333 (1987); DeVenney v. Commissioner, 85 T.C. 927, 930 (1985). In the present case, respondent's position, both at the time she issued the notice of deficiency and at the time she filed the answer, was that petitioner was liable for a deficiency in income tax and additions to tax for 1988. It is respondent's agreement that petitioner paid her total income tax liability for 1988 in April 1989 that forms the basis of petitioner's claim for administrative and litigation costs. In other words, petitioner posits that she is a prevailing party within the meaning of section 7430 on the ground that respondent's position was not substantially justified, either at the time the notice ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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