Jeffrey L. Beecroft and Carol Larkin-Beecroft - Page 11

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                    our holding that respondent's position was substantially                                                                                               
                    justified, we do not decide this issue.                                                                                                                
                              These seven requirements are in the conjunctive; each                                                                                        
                    requirement must be met before this Court may order an award of                                                                                        
                    administrative and litigation costs to a taxpayer under section                                                                                        
                    7430.  Minahan v. Commissioner, 88 T.C. 492, 497 (1987).  An                                                                                           
                    award of reasonable administrative and litigation costs to a                                                                                           
                    taxpayer in a Tax Court proceeding is discretionary with the                                                                                           
                    Court hearing the case, and appellate courts apply an abuse of                                                                                         
                    discretion standard to review our determinations of the amount of                                                                                      
                    costs, if any, awarded to a taxpayer and whether the                                                                                                   
                    Commissioner's positions were or were not substantially                                                                                                
                    justified.  Powers v. Commissioner, supra at 470, and the cases                                                                                        
                    cited therein; see also H. Rept. 97-404, at 12 (1981).                                                                                                 
                              We turn to the first requirement in dispute; namely, whether                                                                                 
                    the Commissioner's position was substantially justified.                                                                                               
                    Respondent took a position in the administrative proceeding when                                                                                       
                    respondent issued the notice of deficiency to petitioners on                                                                                           
                    April 20, 1995.  Sec. 7430(c)(7)(B).  Respondent took a position                                                                                       
                    in this proceeding when the Court filed respondent's answer on                                                                                         
                    September 18, 1995.  Sec. 7430(c)(7)(A); Huffman v. Commissioner,                                                                                      
                    supra at 1148; see also Han v. Commissioner, T.C. Memo. 1993-386.                                                                                      
                    Ordinarily, we consider the reasonableness of each of these                                                                                            
                    positions separately.  Huffman v. Commissioner, supra at 1144-                                                                                         






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