- 8 - facts, coupled with the holding in Smith, provide a basis in fact and law for respondent’s position. C. Conclusion We conclude that respondent’s position in the underlying proceeding had a reasonable basis in both law and fact. Thus, respondent’s position was substantially justified, and petitioner is not entitled to an award of litigation costs under section 7430. Petitioner’s motion for litigation costs will be denied. Accordingly, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011