- 8 - the United States in the proceeding was not substantially justified; (2) petitioner substantially prevailed with respect to either the amount in controversy or with respect to the most significant issue presented; and (3) petitioner met the net worth requirements of 28 U.S.C. section 2412(d)(2)(B) (1994) at the time the petition was filed. Sec. 7430(c)(4). Respondent has the burden of proving that the position of the United States was substantially justified, and petitioner bears the burden of proof with respect to all other requirements. See sec. 7430(c)(4)(B); Rule 232(e); Maggie Management Co. v. Commissioner, 108 T.C. 430, 437 (1997). Respondent concedes that petitioner substantially prevailed with respect to the amount in controversy, and that petitioner met the net worth requirements. Respondent maintains, however, that respondent’s position was substantially justified, that petitioner failed to exhaust his administrative remedies, and that petitioner unreasonably protracted the proceedings. The requirements of section 7430 are conjunctive; therefore, failure to meet any one of the requirements will preclude an award of costs. See Minahan v. Commissioner, 88 T.C. 492, 497 (1987). While we have great difficulty with petitioner’s argument that respondent’s position was not substantially justified, we do not believe that it is necessary to reach that question. In ourPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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