- 5 - presented, and (2) meet the net worth requirements of 28 U.S.C. sec. 2412(d)(2)(B). Sec. 7430(c)(4)(A)(i) and (ii). A taxpayer will not be treated as a prevailing party, however, if the United States establishes that its position was substantially justified. Sec. 7430(c)(4)(B). As we stated earlier, respondent concedes that petitioner substantially prevailed and met the net worth requirements. The parties primarily dispute, however, whether respondent's position in both the administrative and judicial proceedings was substantially justified. Petitioner contends that respondent's position in both the administrative and judicial proceedings was not substantially justified. Specifically, petitioner claims that before the issuance of the notice of deficiency, respondent knew or had reason to know that the $750,000 received by petitioner in 1992 was in the nature of a property settlement incident to divorce and thus, pursuant to section 1041, not includable in her gross income. Respondent asserts that it was reasonable to argue inconsistent positions against petitioner and Human in order to protect the revenue. The inconsistent positions were necessary, respondent claims, because Human maintained that his payment to petitioner in 1992 was alimony deductible by him and thus includable in petitioner's income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011