-8- did not hold such property for investment, based on the entire record and the facts discussed herein, respondent's argument was not unreasonable. Moreover, given that no bright-line test exists for determining the number of acres a taxpayer may use as his principal residence, we find that respondent's position, in fact as well as in law, was justified to a degree that could satisfy a reasonable person. Although, in Schlicher I, we held that residential use includes "appreciating nature, living in open spaces, hiking, horseback riding, grazing cattle, and enjoying unobstructed views of the countryside," we realize that reasonable minds could differ with respect to the acreage allocable to such use. Schlicher v. Commissioner, T.C. Memo. 1997-37. Thus we conclude, based on the discussion herein, that respondent's position had a reasonable basis in both law and fact. Pierce v. Underwood, 487 U.S. 552 (1988). Accordingly, we hold that respondent's position was substantially justified and that petitioner is not entitled to litigation costs under section 7430. Petitioner's motion will therefore be denied. An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011