- 9 - this Court, holding that the Commissioner’s determination to impose the additions to tax was arbitrary, capricious, or without sound basis in fact or law and remanded for further proceedings. On remand, the taxpayer filed a motion for litigation costs. In Mauerman II, the taxpayer contended that the determination of the Court of Appeals that the Commissioner’s failure to waive the addition to tax was an abuse of his discretion necessarily led to a conclusion that the Commissioner’s position was unreasonable and urged us to grant the taxpayer’s motion for reasonable litigation costs. Although we agreed with the taxpayer’s conclusion that the Commissioner’s litigating position in Mauerman I was unreasonable under the circumstances involved there, we recognized the possibility that a different conclusion might be reached in other cases. We explained our position as follows: In Mauerman I, we stated that, in order to prevail on the addition to tax issue, “petitioner must show * * * that respondent’s refusal to waive is an abuse of discretion.” In reversing our decision, the Court of Appeals agreed with petitioner * * * that the Commissioner should have waived the addition to tax. The question before us, then, is whether respondent was substantially justified in defending, in the instant litigation, an administrative determination that was held by the Court of Appeals to be an abuse of discretion; i.e., arbitrary, capricious, or without sound basis in fact. While there may be other situations where such a holding would not necessarily determine that respondent was not substantially justified, our review of the record in the instant case persuades us that petitioner has carried his burden in that respect.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011