- 11 - the Court, petitioner is not a prevailing party with respect to the amount in issue for the year 1992. See sec. 7430(c)(4)(A)(i)(I); sec. 301.7430-5(d), Proced. & Admin. Regs. Even though petitioner did not substantially prevail with respect to the amount in controversy, he may nevertheless be the prevailing party if he substantially prevailed with respect to the most significant issue or set of issues presented. See sec. 7430(c)(4)(A)(i)(II); sec. 301.7430-5(e), Proced. & Admin. Regs. However, as will be discussed below, petitioner has not established that he prevailed with respect to any issue before the Court. Therefore, we need not decide which was the most significant issue or set of issues in the case. In his original petition, petitioner disputed the entire amount of the deficiency and claimed an overpayment, but he did not raise any specific issues. Therefore, based on the original petition, the Court cannot consider properly before it any issues other than those that formed the basis for respondent’s determination in the notice of deficiency. Petitioner fully conceded all substantive issues related to the deficiency determination. Specifically, petitioner conceded that White Pine was a passive activity and that he had failed to report income in the amount determined by respondent. Therefore, petitioner clearly did not prevail with respect to the issues before the Court as raised in the original petition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011