Darl N. and Bonnie S. Miller - Page 6




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                                    Discussion                                        
              A taxpayer who substantially prevails in an                             
         administrative or court proceeding may be awarded reasonable                 
         costs incurred in those proceedings.  Sec. 7430(a).  In order                
         to determine that the taxpayer was a "prevailing party", it                  
         must be shown that:  (1) The position of the United States in                
         the proceeding was not substantially justified,2 (2) the                     
         taxpayer substantially prevailed with respect to either the                  
         amount in controversy or the most significant issue or 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).  The taxpayer must                  
         also show that all administrative remedies have been exhausted               
         (to obtain a judgment for litigation costs), section                         
         7430(b)(1), that the taxpayer has not unreasonably protracted                
         the administrative or judicial proceedings, section                          
         7430(b)(4), redesignated as (b)(3) by the 1996 Act, and that                 
         the costs claimed are reasonable in amount, section 7430(c)(1)               
         and (2).  These requirements are in the conjunctive and each                 
         must be met in order for the Court to determine that                         
         administrative or litigation costs should be awarded pursuant                




          2         Because the petition was filed after July 30, 1996, the           
          burden is on respondent to show that the Government's position              
          was substantially justified.  Taxpayer Bill of Rights 2, Pub. L.            
          104-168, secs. 701-704, 110 Stat. 1452, 1463-1464 (1996).  See              
          Maggie Management Co. v. Commissioner, 108 T.C. 430 (1997).  Our            
          holding, however, does not depend on which party has the burden.            

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