-15- fact that there was authority at the time of filing does not mean the taxpayer was correct." As support for its argument that its position was substantially justified, respondent relies on J.P. Sheahan Associates, Inc. v. Commissioner, T.C. Memo. 1992-239, a case that was decided several years after petitioner filed its return for taxable year 1989. Respondent's understanding of when substantial authority is determined is incorrect because petitioner is entitled to rely on the law that existed at the time its return was filed. See sec. 1.6661-3(b)(4)(iii), Income Tax Regs. We conclude that respondent's position with regard to the section 6661 issue was not substantially justified. Issue 2. Reasonable Costs Petitioner seeks recovery of litigation fees and costs that it incurred after its petition was filed. Petitioner seeks recovery of only the fees and costs related to the section 6661 issue and for its motion for litigation costs. In Huffman v. Commissioner, 978 F.2d at 1149, the Court of Appeals for the Ninth Circuit, the Court of Appeals to which an appeal in this case lies, stated that "So long as the government's position justifies recovery of fees, any reasonable fees to recover such fees are recoverable." Thus, the fees incurred by petitioner for its motion for reasonable attorney's fees are recoverable. We must decide whether the number of hoursPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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