- 23 - Ray case, our research failed to locate any other cases directly dealing with the issue currently in dispute. In light of the Court’s recent decision in Ray, we have reconsidered our position and we are conceding the case in full. OPINION A taxpayer who is a prevailing party in an administrative or court proceeding is entitled to an award of reasonable litigation and administrative costs incurred in such proceedings. Sec. 7430(a). To be a “prevailing party”, a taxpayer must establish that: (1) The position of the United States in the proceeding was not substantially justified; (2) the taxpayer substantially prevailed with respect to either the amount in controversy or the most significant issue or set of issues presented; and (3) the taxpayer met the net worth requirements of 28 U.S.C. sec. 2412(d)(2)(B) (1994) on the date the petition was filed. Sec. 7430(c)(4)(A). Additionally, the taxpayer must also establish that all available administrative remedies have been exhausted insofar as litigation costs are concerned, sec. 7430(b)(1); that the taxpayer has not unreasonably protracted the administrative or judicial proceedings, sec. 7430(b)(4); and that the costs claimed are reasonable in amount, sec. 7430(c)(1) and (2). All of the foregoing requirements must be satisfied. Minahan v. Commissioner, 88 T.C. 492, 497 (1987). In response to petitioners' motion, respondent argues: (1) That petitioners are not prevailing parties because the positionPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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