- 11 - Although we ultimately held in favor of petitioner on the section 183 issue, our conclusion regarding petitioner’s profit objective was not easy. Respondent presented facts in support of his position that petitioner’s primary objective in conducting his mining activity was not to make a profit, and respondent’s arguments with respect to this highly fact-intensive issue were reasonable and not frivolous. Although we did not agree with respondent’s arguments in the final analysis, respondent has persuaded us that his position had a reasonable basis in fact and law. We hold, therefore, that respondent’s litigating position regarding the section 183 issue was substantially justified and that petitioner is not entitled to an award of litigation costs under section 7430. To reflect the foregoing, An appropriate order and decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011