Tam N. Huynh - Page 8




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          worth requirement; and (3) the Commissioner fails to establish              
          that his position was substantially justified.  Sec.                        
          7430(c)(4)(A) and (B).                                                      
               The parties agree that petitioner exhausted his                        
          administrative remedies, substantially prevailed with respect to            
          the amount in controversy, and meets the applicable net worth               
          requirement.  The remaining issues are:  (1) Whether respondent’s           
          position in the administrative and court proceedings was                    
          substantially justified; (2) whether petitioner unreasonably                
          protracted any portion of such proceedings; and (3) whether the             
          amount of administrative and litigation costs petitioner seeks is           
          reasonable.                                                                 
               Respondent bears the burden of proving that his position was           
          substantially justified, while petitioner bears the burden of               
          proof with respect to all other requirements.  Sec.                         
          7430(c)(4)(B); Rule 232(e); Maggie Mgmt. Co. v. Commissioner, 108           
          T.C. 430, 437 (1997).                                                       
               The Supreme Court has interpreted “substantially justified”            
          to mean “justified to a degree that could satisfy a reasonable              
          person.”  Pierce v. Underwood, 487 U.S. 552, 565 (1988)                     
          (construing similar language in the Equal Access to Justice Act,            
          28 U.S.C. sec. 2412(d)(1)(A) (1994)).  Respondent’s position need           
          not be correct to be substantially justified; it need only have a           
          “reasonable basis in law and fact.”  Id. at 566 n.2.  Whether               






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