- 5 - per hour adjusted for inflation. Thus, the amount of costs is not in dispute. B. Whether the Position of the United States Was Substantially Justified The sole issue for decision is whether respondent's position in this case was substantially justified. A taxpayer has the burden of proving that he or she meets this requirement before the Court may award administrative and litigation costs under section 7430. Rule 232(e).2 1. Position of the United States The position of the United States is the position taken by respondent: (a) In the judicial proceeding, and (b) in the administrative proceeding as of the earlier of: (i) the date 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 determined in the notice of deficiency and contended in the answer that petitioners transferred assets other than land. Thus, that is respondent's position for both the administrative and the judicial proceedings. 2 The provisions of the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 701, 110 Stat. 1452, 1463-1464 (1996), which amended sec. 7430, are effective for proceedings begun after July 30, 1996. The provisions of the Taxpayer Bill of Rights 2 do not apply here because petitioners filed the petition in this case on Sept. 6, 1994. See Maggie Management Co. v. Commissioner, 108 T.C. 430, 441 (1997).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011