- 5 - and whether petitioner has demonstrated that the attorney's fees and costs sought are reasonable litigation costs. To be a "prevailing party", a taxpayer must substantially prevail with respect to either the amount in controversy or the most significant issue or set of issues presented and must meet the net worth requirements of 28 U.S.C. sec. 2412(d)(2)(B)(1994). See sec. 7430(c)(4). Even if a taxpayer meets these requirements, she still is not a "prevailing party" if respondent establishes that the United States' position in the proceeding was substantially justified. See sec. 7430(c)(4)(B)(i). Although respondent concedes that petitioner has substantially prevailed in this case and that petitioner meets the net worth requirements, respondent contends that petitioner is not a prevailing party because respondent was substantially justified in issuing the notices of deficiency. A position is substantially justified if it could satisfy a reasonable person and if it has a reasonable basis in both fact and law. See Pierce v. Underwood, 487 U.S. 552, 565 (1988) (defining "substantially justified" in the context of the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d)(1994)); Swanson v. Commissioner, 106 T.C. 76, 86 (1996). A reasonable basis exists if legal precedent substantially supports respondent's position given the facts available to respondent. See Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011