- 6 - 685, 688 (1990). Respondent must prove that his position was substantially justified. See sec. 7430(c)(4)(B). Although the concession of a case is a factor to be considered in determining whether a position is substantially justified, such concession is not by itself sufficient to establish an unreasonable position. See Estate of Merchant v. Commissioner, 947 F.2d 1390, 1395 (9th Cir. 1991), affg. T.C. Memo. 1990-160; Powers v. Commissioner, 100 T.C. 457, 471 (1993), affd. on this issue, revd. in part and remanded on other issues 43 F.3d 172 (5th Cir. 1995). Petitioner seeks only litigation costs in this matter; therefore, we must examine respondent's position in the judicial proceeding. See sec. 7430(c)(7)(A). Respondent first took a position in the judicial proceeding on the date respondent's answer was filed--November 16, 1998. See California Marine Cleaning, Inc. v. Commissioner, T.C. Memo. 1998-311; Kahn-Langer v. Commissioner, T.C. Memo. 1995-527; Lockett v. Commissioner, T.C. Memo. 1994-144 (citing Huffman v. Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part, revg. in part and remanding on other issues T.C. Memo. 1991-144). Respondent contends the position of the United States was substantially justified on the basis of the following information the Internal Revenue Service possessed at the time the notice of deficiency was issued: (1) Both petitioner and Mr. Sherbo claimed earned income credit with respect to Liane on their 1995Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011