- 15 - was substantially justified. Sec. 7430(c)(4)(B). Respondent concedes that petitioner prevailed with respect to the issues presented and meets the applicable net worth requirement but contends that his position was substantially justified. Whether respondent’s position was substantially justified is to be resolved by applying a reasonableness standard. Pierce v. Underwood, 487 U.S. 552, 564 (1988); Sher v. Commissioner, 89 T.C. 79, 84 (1987), affd. 861 F.2d 131 (5th Cir. 1988). Respondent’s position is reasonable if the position had a reasonable basis in both fact and law. Norgaard v. Commissioner, 939 F.2d 874, 881 (9th Cir. 1991), affg. in part and revg. in part T.C. Memo. 1989-390. The fact that respondent concedes a case does not automatically mean that his position was not substantially justified. Sokol v. Commissioner, 92 T.C. 760, 767 (1989). In determining the reasonableness of respondent’s position, the Court may consider all relevant factors. Rutana v. Commissioner, 88 T.C. 1329, 1333 (1987). To decide whether respondent’s position was substantially justified, the Court must first identify when respondent is considered to have taken a position and then decide whether the position taken from that day forward was substantially justified. In general, we bifurcate our analysis and consider separately the positions taken in the administrative proceeding and the judicial proceeding. Huffman v. Commissioner, 978 F.2d 1139, 1148 (9thPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011