-4- show that: (1) Petitioner exhausted available administrative remedies;4 (2) petitioner met the net worth requirement of section 7430(c)(4)(A)(iii); (3) petitioner has substantially prevailed with respect to the amount in controversy or the most significant issue presented; and (4) the position of respondent was "not substantially justified". Sec. 7430. Based upon the entire record, we find that petitioner satisfies conditions (1) through (3). However, as discussed below, we find petitioner has not established that the position of respondent was not substantially justified. As discussed supra at note 3, petitioner bears the burden of proof on this issue. Position of the United States Substantially Justified In her notice of deficiency, respondent determined a deficiency against petitioner of $98,917, alleging that petitioner had capital gains from the sale of his principal residence in Livermore, California. Respondent contended at trial that petitioner used only 1 acre of the Clayton property as 3(...continued) respect to proceedings commenced after July 30, 1996. The amendments to the section shift to the Commissioner the burden of proving whether the position of the United States was substantially justified, sec. 7430(c)(4)(B). A judicial proceeding is commenced in this Court with the filing of a petition. Rule 20(a). Petitioner filed his petition on Nov. 16, 1994. Accordingly, the changes to sec. 7430 enacted by TBOR-2 do not apply here. 4 This requirement applies only to a judgment for an award of reasonable litigation costs. Sec. 7430(b)(1).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011