Linda A. Fields - Page 11




                                       - 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