- 10 -- 10 - 7430(c)(4)(A)(i), (7)(A) and (B); Pierce v. Underwood, 487 U.S. 552, 564-565 (1988); Huffman v. Commissioner, 978 F.2d 1139, 1143-1147 (9th Cir. 1992), affg. in part, revg. in part on other grounds and remanding T.C. Memo. 1991-144; Powers v. Commissioner, 100 T.C. 457, 470, 472 (1993). As discussed below, we hold that respondent's position was substantially justified. (5) The moving party exhausted any administrative remedies available to him or her in the Internal Revenue Service.6 Sec. 7430(b)(1). Respondent concedes that petitioners met this requirement. (6) The moving party has a net worth that did not exceed $2 million at the time the petition was filed in the case. Sec. 7430(c)(4)(A)(iii); 28 U.S.C. sec. 2412(d)(2)(B) (1988). Respondent concedes that petitioners met this requirement. (7) The amount of costs claimed is reasonable. Sec. 7430(a), (c)(1) and (2). Respondent challenges the reasonableness of petitioners' claimed costs. On the basis of amended sec. 7430 to place on the Commissioner the burden of proving that her position in the administrative proceeding and the proceeding in this Court were substantially justified. We need not, and do not, decide whether the TBR2 is applicable to the instant matter to place the burden of proof on respondent with respect to this prong. We rule on petitioners' request for an award of administrative and litigation costs based on the preponderance of the evidence; it is irrelevant in this case who bears the burden of proof. See Deskins v. Commissioner, 87 T.C. 305, 322-323 n.17 (1986). 6 This requirement applies only to a judgment for an award of reasonable litigation costs. Sec. 7430(b)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011