- 4 - substantially prevailed with respect to the amount in controversy or with respect to the most significant issue or set of issues presented, and (3) the taxpayer satisfies the applicable net worth requirements. Sec. 7430(c)(4)(A). Respondent concedes that petitioners meet the second and third criteria listed above; however, respondent contends that the position taken in both the administrative and litigation aspects of the proceedings was 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, the issue is whether "the position of the United States in the proceeding was not substantially justified." Gantner v. Commissioner, 905 F.2d at 245. In deciding this issue, the Court must first identify the point at which the United States is considered to have taken a position and then decide whether the position taken from that point forward was not substantially justified. The "not substantially justified" standard is applied as of the separate dates that respondent took a position in the administrative 4(...continued) proving that the Commissioner's position in the administrative proceeding and the proceeding in this Court was substantially justified. However, the provisions of TBOR 2 are effective only with respect to proceedings commenced after July 30, 1996. The provisions of TBOR 2 do not apply to this case because petitioners filed their petition on Aug. 14, 1995. See Maggie Management Co. v. Commissioner, 108 T.C. 430, 441 (1997).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011