- 8 - 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. WhetherPage: 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