- 4 - because respondent would not agree to the $60 of litigation costs. Ultimately, petitioner and respondent signed the stipulation of settled issues. In deciding the merits of a motion for litigation costs, the Court generally considers the reasonableness of the Commissioner’s position from the date the answer was filed. Huffman v. Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part, revg. in part, and remanding T.C. Memo 1991-144. No answer was required in this case which was tried under the small tax case procedures. Rule 175(b). Accordingly, respondent's position for the purpose of the motion is the position maintained by respondent during the pendency of this case. There is nothing in the record that suggests that respondent's position changed from that taken in the notice of deficiency, so these positions are, in effect, the same. In the notice of deficiency, respondent took the position that the $4,889 reported by petitioner's employer was taxable wages to petitioner in 1996. Whether the Commissioner’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 the case. Pierce v. Underwood, 487 U.S. 552, 565 (1988); Swanson v. Commissioner, 106 T.C. 76, 86 (1996). A position is substantially justified if the position is "justifiedPage: Previous 1 2 3 4 5 6 7 Next
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