-8- the United States in the civil proceeding was not substantially justified. Sec. 7430(c)(4)(A)(i). (2) The taxpayer substantially prevailed with respect to the amount in controversy or with respect to the most significant issue or set of issues presented. Sec. 7430(c)(4)(A)(ii). (3) The taxpayer must either be an individual whose net worth does not exceed $2 million, or an owner of an unincorporated business, or any partnership, corporation, etc., the net worth of which does not exceed $7 million, at the time the petition was filed. Sec. 7430(c)(4)(A)(iii); 28 U.S.C. sec. 2412(d)(2)(B) (1988). A taxpayer has the burden of proving that it meets each requirement before we may order an award of costs under section 7430. Rule 230(e); Gantner v. Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th Cir. 1990). In her notice of deficiency, respondent determined a deficiency of $85,835, which was largely attributable to her determination that ASAP's use of the cash method of accounting did not clearly reflect income. In the stipulated settlement, respondent conceded the method of accounting issue, and the deficiency was adjusted to $4,898, which is attributable to petitioners' concession of deductions for travel and entertainment expenses. Thus, it is clear from the stipulated settlement in this case that petitioners have substantially prevailed on both the amount in controversy and the most significant issue. In addition, we are satisfied, based uponPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011