- 11 - justified. Respondent also objects to the amount of costs claimed by petitioner. Respondent concedes that petitioner satisfies all other requirements for recovery under section 7430. B. Position of the United States In the context of a claim for litigation costs, the position of the United States with respect to any issue is that set forth in the Commissioner’s answer in the judicial proceeding. E.g., Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 442 (1997). In the instant case, the underlying controversy between the parties presented several issues, including (1) the propriety of certain business expense deductions claimed by the Fieldses under section 162, (2) the availability of relief under section 6015(c), (3) the applicability of the fraud penalty under section 6663 or, in the alternative, the accuracy-related penalty under section 6662 (for negligence or disregard of rules or regulations), and (4) the applicability of the late filing penalty under section 6651(a)(1). Petitioner does not assert that respondent’s position with respect to each of those issues was not substantially justified; rather, petitioner essentially limits her claim in that regard to respondent’s position with respect to the fraud penalty.5 5 In her reply to respondent’s objection to the motion, petitioner also claims, within the context of her argument that her costs are reasonable in amount, that respondent’s alternative position with respect to the accuracy-related penalty was not (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011