- 10 - and remanding T.C. Memo. 1991-144; Maggie Management Co. v. Commissioner, 108 T.C. 430, 442 (1997). Whether respondent’s position was substantially justified turns on a finding of reasonableness, based upon all the facts and circumstances, as well as the legal precedents relating to these cases. See Pierce v. Underwood, 487 U.S. 552 (1988); Sher v. Commissioner, 89 T.C. 79, 84 (1987). A position is substantially justified if the position is justified to a degree that could satisfy a reasonable person. See Pierce v. Underwood, supra at 565; Maggie Management Co. v. Commissioner, supra at 443. A position must have a reasonable basis both in law and fact. See Pierce v. Underwood, supra at 563-565. The fact that respondent eventually loses or concedes a case does not by itself establish that respondent’s position was unreasonable. See Maggie Management Co. v. Commissioner, supra at 443; Sokol v. Commissioner, 92 T.C. 760, 767 (1989). Petitioner asserts that he delivered documents regarding the 1992 tax year to respondent on November 30, 1995. Petitioner further asserts that the position respondent took in his answer was not substantially justified because respondent failed to review the documents prior to filing an answer. Respondent contends that he did not receive the documents prior to filing his answer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011