- 15 - (4). A taxpayer must satisfy each of these three requirements in order to be entitled to a judgment under section 7430. Rule 232(e). I. Prevailing Party In order to qualify as the "prevailing party", a taxpayer must establish: (1) The position of the United States in the proceeding was not substantially justified; (2) the taxpayer has substantially prevailed with respect to the amount in controversy or the most significant issue or set of issues presented; and (3) the taxpayer satisfies the applicable net worth requirement. Sec. 7430(c)(4)(A). Respondent concedes that petitioner substantially prevailed with respect to the amount in controversy. See sec. 7430(c)(4)(A)(ii)(I). However, respondent contends that the position taken by respondent in both the administrative and court proceedings was substantially justified. Respondent also contends that petitioner must prove that she satisfies the applicable net worth requirement. A. Respondent's Position in the Administrative and Court Proceedings Petitioner bears the burden of proving that respondent's position in the administrative and court proceedings was not substantially justified. Rule 232(e); Dixson Corp. v. Commissioner, 94 T.C. 708, 714-715 (1990); Ganter v.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011