- 8 - justified. If respondent’s position is found to be substantially justified, then the estates’ claim for litigation costs will fail.6 Discussion Section 7430(c)(4)(A) requires that, in order to qualify for recovering administrative or litigation costs, the estates must be the “prevailing party” in the proceeding. Generally, the “prevailing party” is one who has substantially prevailed with respect to the amount in controversy or with respect to the most significant issue or set of issues presented. Sec. 7430(c)(4)(A)(i)(I) and (II). Based on that general rule or standard, the estates were the prevailing parties in these consolidated proceedings. A party will not be considered a prevailing party, however, if the “United States establishes that the position of the United States in the proceeding was substantially justified.” Sec. 7430(c)(4)(B)(i). Respondent’s position in a proceeding is “substantially justified” if it is “justified to a degree that could satisfy a reasonable person” and if it has a reasonable basis both in fact and law. Pierce v. Underwood, 487 U.S. 552, 564-565 (1988). The fact that respondent eventually loses or 6 If respondent’s position is found not to be substantially justified, respondent contends, in the alternative, that the amount of the estates’ claim for attorney’s fees is unreasonable because it exceeds the statutory limit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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