- 19 - Respondent concedes that petitioners exhausted their administrative remedies within the IRS. Respondent also concedes that petitioners did not unreasonably protract the court proceeding. Accordingly, we must decide whether petitioners qualify as the "prevailing party" in the court proceeding. B. Prevailing Party In order to qualify as the "prevailing party", a taxpayer must establish: (1) The position of the United States in the proceeding was not substantially justified; (2) the taxpayer has substantially prevailed with respect to the amount in controversy or the most significant issue or set of issues presented; and (3) the taxpayer satisfies the applicable net worth requirement. Sec. 7430(c)(4)(A). Respondent concedes that petitioners substantially prevailed within the meaning of section 7430(c)(4)(A)(ii). Respondent also concedes that petitioners satisfy the applicable net worth requirement. However, respondent contends that the position taken by respondent in the court proceeding was substantially justified. Petitioners bear the burden of proving that respondent's position in the court proceeding was not substantially justified. Rule 232(e); Dixson Corp. v. Commissioner, 94 T.C. 708, 714-715 (1990); Gantner v. Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th Cir. 1990). Accordingly, we must decide whether petitioners have carried their burden of proving thatPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011