- 9 - However, the taxpayer fails to qualify as the prevailing party if the Commissioner establishes that his position was substantially justified. See sec. 7430(c)(4)(B)(i). Respondent bears the burden of proving that respondent’s position was substantially justified. See id. After concessions by respondent,2 the issues for decision are: (1) Whether respondent’s positions were substantially justified; (2) whether petitioner exhausted his administrative remedies for the 1993 and 1994 tax years; and (3) whether the amount of costs and attorney’s fees claimed by petitioner are reasonable. A. 1992 Tax Year Because of the concessions made by respondent, the sole issue for determination for the tax year 1992 is whether respondent’s position was substantially justified. For purposes of an award of litigation costs, the position of the United States is the position taken by the United States in a judicial proceeding. See sec. 7430(c)(7)(A). The United States took a position in these judicial proceedings when it filed an answer to the petition. See Huffman v. Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part, revg. in part 2 Respondent concedes that petitioner has: (1) Substantially prevailed in the proceedings; (2) satisfied the net worth requirements; and (3) not unreasonably protracted the Court proceedings. Respondent also concedes that petitioner exhausted his administrative remedies with regard to 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011