- 8 - the taxpayer receives the notice of the decision of the Internal Revenue Service Office of Appeals, or (ii) the date of the notice of deficiency. Sec. 7430(c)(7). Respondent's position in the notice of deficiency and in the answer was that the decedent and Mrs. Spear had no cash hoard and were liable for the addition to tax for fraud. Thus, in this case, respondent's position in both the judicial and the administrative proceeding was the position taken in the notice of deficiency. 2. Substantially Justified Standard The substantially justified standard requires that the Government's position be justified to a degree that would satisfy a reasonable person. Pierce v. Underwood, 487 U.S. 552, 565 (1988); Rickel v. Commissioner, 900 F.2d 655, 665 (3d Cir. 1990), affg. in part and revg. in part on other grounds 92 T.C. 510 (1989). That standard applies to motions for litigation costs under section 7430. Nicholson v. Commissioner, 60 F.3d 1020, 1025-1026 (3d Cir. 1995), revg. and remanding T.C. Memo. 1994-280. To be substantially justified, the Commissioner's position must have a reasonable basis in both law and fact. Pierce v. Underwood, supra; Nicholson v. Commissioner, supra at 1026. For a position to be substantially justified, there must be "substantial evidence" to support it. Pierce v. Underwood,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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