Mary Lee Sharer - Page 9

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          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.                   






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