Carolyn S. Eifert, A/K/A Sue Armstrong - Page 15

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          (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.                        






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