- 18 - September 16, 1992. Although initially disputed by respondent, it is clear, and respondent now concedes that the document was first received in the Service Center on March 18, 1991, at a time when the election could have been effective for NTI's 1991 year. Secs. 1362, 7502. We view respondent's actions with respect to the initial receipt of the Form 2553 on March 18, 1991, to be relevant in determining whether respondent's position in the case in both the administrative and judicial proceedings should be considered substantially justified. Whether respondent's position is substantially justified turns on a finding of reasonableness, based upon all of the surrounding facts and circumstances, as well as legal precedents relating to the case. Pierce v. Underwood, 487 U.S. 552, 565 (1988); Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 694-695 (1990). A position is substantially justified if the position is "justified to a degree that could satisfy a reasonable person." Pierce v. Underwood, supra at 565. We may consider the reasonableness of respondent's position in the administrative proceeding separately from respondent's position in the judicial proceeding. Huffman v. Commissioner, 978 F.2d 1139, 1144-1147 (9th Cir. 1992), affg. in part, revg. in part, and remanding on another issue T.C. Memo. 1991-144. In this case, however, because the positions are the same, we consider them in a single analysis.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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