- 11 -- 11 - 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-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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