- 4 - 3. Be an individual whose net worth did not exceed $2 million when the petition was filed. Sec. 7430(c)(4)(A)(ii); 28 U.S.C. sec. 2412(d)(2)(B) (1988). Respondent concedes that petitioner meets this requirement. 4. Not unreasonably protract the proceedings. Sec. 7430(b)(3). Respondent concedes that petitioner meets this requirement. 5. Establish that the amounts of costs and attorney’s fees claimed are reasonable. Sec. 7430(a), (c)(1). Respondent concedes that the amounts petitioner claimed are reasonable. In addition, the taxpayer is not entitled to an award for reasonable litigation costs if the Commissioner shows that the position of the United States in the proceeding was substantially justified. Sec. 7430(c)(4)(B)(i). B. Whether Respondent’s Position Was Substantially Justified The parties dispute whether respondent’s position in the underlying proceeding was substantially justified. The Commissioner’s position is substantially justified if that position could satisfy a reasonable person. Pierce v. Underwood, 487 U.S. 552, 565 (1988). To be substantially justified, the Commissioner’s position must have a reasonable basis in both law and fact. Id.; Hanover Bldg. Matls., Inc. v. Guiffrida, 748 F.2d 1011, 1015 (5th Cir. 1984); Powers v. Commissioner, 100 T.C. 457, 470, 473 (1993), affd. on this issue,Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011