- 15 - moving party bears the burden of proof with respect to each of the above-listed elements. Rule 232(e). Respondent objects to petitioner's motion on several grounds. First, respondent argues that, although the case was ultimately conceded, respondent was substantially justified in taking the position that NTI's S corporation election was not effective until 1993 and that the Dugans therefore could not take into account a passthrough loss from NTI in 1991 and carry back a portion of that loss to 1988. Second, respondent argues that petitioner unreasonably protracted the proceedings by not responding to numerous letters sent to NTI or providing certain information until February 1996. Third, respondent argues that petitioner did not exhaust his administrative remedies because he did not timely file a request for an Appeals conference after the issuance of the 30-day letters. Finally, respondent argues that the amount of costs and attorney's fees are excessive to the extent that the hourly attorney's fees exceed the amount allowed by section 7430, and further that all fees attributable to petitioner's request for rescission of the notices of deficiency should be disallowed because the request was made only days before the petition was filed. Substantial Justification 1. S Corporation Elections In General. Section 1362(a)(1) allows a small business corporation, as defined under section 1361, to elect S corporation status. An SPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011