- 11 - whipsaw situation as resolved because Mr. Sherbo could no longer claim in the Tax Court the earned income credit at issue. Respondent immediately conceded petitioner's case allowing petitioner the earned income credit as claimed on her tax returns. Respondent's position throughout the entire judicial proceeding remained reasonably based on the facts known to respondent and on the well-established legal consequences of those facts. Accordingly, we hold that respondent's position on the issues in this case was substantially justified and that petitioner is not entitled to an award for litigation costs under section 7430. We thus need not address the reasonableness of the costs claimed by petitioner. Petitioner's motion will therefore be denied. To reflect the foregoing, An appropriate Order and Decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011