Robert M. and Paulette G. Maddox - Page 18

                                                - 18 -                                                  
            entitled to recover reasonable litigation costs. These                                      
            requirements are in the conjunctive; i.e., a taxpayer must                                  
            overcome each of these hurdles in order to succeed as to                                    
            litigation costs.  Minahan v. Commissioner, 88 T.C. 492, 497                                
            (1987).  Respondent concedes that petitioners have satisfied all                            
            of the requirements except for the one established by section                               
            7430(c)(4)(B)(i), relating to whether the position of the United                            
            States was substantially justified.7  As to this requirement, the                           
            statute provides, in effect, that respondent has the burden of                              
            proof.  See, e.g., Maggie Management Co. v. Commissioner, 108                               
            T.C. 430, 437-441 (1997).                                                                   
                  Respondent contends that, as of the time respondent filed                             
            the answer, (1) it was reasonable for respondent to require                                 
            petitioners to substantiate their claimed deductions, (2)                                   
            petitioners had not yet provided this substantiation, and (3)                               
            thus it was reasonable at that time for respondent to take the                              
            position that petitioners were not entitled to their claimed                                
            deductions.  Respondent contends--                                                          
                  At the time of the Answer, respondent’s administrative file                           
                  reflected that respondent’s Agent [Ward] was met with a set                           
                  of circumstances which required prompt action and that she                            
                  found herself confronted with an uncooperative                                        
                  representative for petitioners.3   *  *  *                                            

                  6(...continued)                                                                       
                                          (ii) the date of the notice of                                
                                    deficiency.                                                         
                  7     To avoid disputes about minutiae and the potential of                           
            ongoing costs in this Court, the parties have stipulated that if                            
            we hold that petitioners are entitled to an award of litigation                             
            costs, then the amount to be awarded, “exclusive of any                                     
            litigation costs that may be incurred with respect to an appeal                             
            of this case and thereafter,” is $15,000.                                                   


Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011