- 7 - The presence of the factors discussed above leads us to the conclusion that respondent's position had a reasonable basis in both law and fact. Pierce v. Underwood, 487 U.S. 552, 565 (1988); Sher v. Commissioner, 89 T.C. 79, 84 (1987), affd. 861 F.2d 131 (5th Cir. 1988). Accordingly, we hold that respondent's position was substantially justified and that petitioners are not entitled to litigation costs under section 7430. Based on this holding, we need not consider respondent's alternative position that the amount of costs claimed is not reasonable. Petitioners' motion will therefore be denied. An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011