- 6 - unreasonably protract the proceedings, and that the costs claimed are reasonable. Sec. 7430(b) and (c). Petitioners must establish all of these conjunctive elements in order to recover litigation costs. Minahan v. Commissioner, 88 T.C. 492, 497 (1987). Respondent agrees that petitioners have: (1) Substantially prevailed in this case, (2) exhausted the administrative remedies available to them within the Internal Revenue Service, and (3) not unreasonably protracted the Court proceeding. Respondent also agrees that respondent had taken a position that was not substantially justified on the issue of the valuation of RAM Drilling stock. However, respondent contends that respondent's position regarding the imputation of interest income under section 482 was substantially justified. Respondent further contends petitioners have not met the net worth requirements, and that the costs claimed are unreasonable. We first consider whether petitioners have established that the position of the United States was not substantially justified. Sec. 7430(c)(4)(A)(i). This Court has held that the substantially justified standard is the same as the reasonableness standard. Sher v. Commissioner, 89 T.C. 79, 84 (1987), affd. 861 F.2d 131 (5th Cir. 1988). The determination of reasonableness must be based upon all the facts and circumstances surrounding the proceeding. Wasie v.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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