- 9 - amount in controversy and meets the applicable net worth requirements. Respondent argues, however, that the position taken in both the administrative and court proceedings was substantially justified. Rule 232(e); Dixson Corp. v. Commissioner, 94 T.C. 708, 714-715 (1990); Gantner v. Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th Cir. 1990). Accordingly, the Court must decide whether the position of the United States in the administrative and court proceedings was not substantially justified. In deciding this issue, we must first identify the point in time at which the United States is considered to have taken a position and then decide whether the position taken from that point forward was substantially justified. The "not substantially justified" standard is applied as of the separate dates that respondent took a position in the administrative proceeding as distinguished from the proceeding in this Court. Sec. 7430(c)(7)(A) and (B); Han v. Commissioner, T.C. Memo. 1993- 386. For purposes of the administrative proceeding, respondent took a position on August 15, 1991, the date upon which the notice of deficiency for 1986 and 1987 was issued to petitioner. Sec. 7430(c)(7)(B). For purposes of the proceeding in this Court, respondent took a position on January 9, 1992, the date upon which respondent filed the answer in this case. See Huffman v. Commissioner, 978 F.2d 1139, 1143-1147 (9th Cir. 1992), affg.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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