Dartmouth Clubs, Inc. - Page 9




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          430, 443 (1997).  A position has a reasonable basis in fact if              
          there is such relevant evidence as a reasonable mind might accept           
          as adequate to support a conclusion.  See Pierce v. Underwood,              
          supra at 564-565.  The reasonableness of respondent's position              
          and conduct necessarily requires considering what respondent knew           
          at the time.  Cf. Rutana v. Commissioner, 88 T.C. 1329, 1334                
          (1987); DeVenney v. Commissioner, 85 T.C. 927, 930 (1985).  Thus,           
          in determining whether respondent acted reasonably, this Court              
          must "consider the basis for respondent's legal position and the            
          manner in which the position was maintained."  Wasie v.                     
          Commissioner, 86 T.C. 962, 969 (1986).                                      
               The fact that the Commissioner eventually loses or concedes            
          the case is not determinative as to whether the taxpayer is                 
          entitled to an award of administrative or litigation costs.  See            
          Sokol v. Commissioner, 92 T.C. 760, 767 (1989); Wasie v.                    
          Commissioner, supra at 968-969.  It remains, however, a relevant            
          factor to consider in determining the degree of the                         
          Commissioner's justification.  See Estate of Perry v.                       
          Commissioner, 931 F.2d 1044, 1046 (5th Cir. 1991); Powers v.                
          Commissioner, 100 T.C. 457, 470, 472 (1993), affd. in part and              
          revd. in part 43 F.3d 172 (5th Cir. 1995).                                  
               In some cases courts have adopted an issue-by-issue approach           
          to section 7430, apportioning the requested awards between those            
          issues for which the respondent was, and those issues for which             






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