- 2 - favor of P. P and Mr. and Mrs. O took positions in the State court litigation which were contrary to the positions each took in this case. To avoid whipsaw, R took inconsistent positions against P and Mr. and Mrs. O. When Mr. and Mrs. O conceded the principal issue in their case, R conceded the issue in P's case. Thereafter, P filed a motion to recover administrative and litigation costs pursuant to sec. 7430, I.R.C. 1. Held: Because P commenced its case (by filing a petition for redetermination) before the enactment of TBR2, P bears the burden of proving that R's position was not substantially justified. 2. Held, further, P failed to carry its burden of proof that R's administrative and litigation position was not substantially justified, and is therefore not entitled to an award of reasonable administrative and litigation costs. Alec Valk, Terrence J. Moore, and Joseph E. Mudd, for petitioner. Lisa N. Primavera, for respondent. OPINION NIMS, Judge: This matter is before the Court on petitioner's Motion for an Award of Reasonable Litigation and Administrative Costs (motion for costs) filed pursuant to Rule 231 and section 7430 on January 2, 1997. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure. All section references are to sections of the Internal Revenue Code in effect at the time the petition was filed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011