- 9 - 100 T.C. 457, 471 (1993), affd. in part, revd. in part and remanded on another issue 43 F.3d 172 (5th Cir. 1995). As relevant herein, the position of the United States that must be examined in light of the substantial justification standard with respect to the recovery of administrative costs is the position taken by the Commissioner as of the date of the notice of deficiency. See sec. 7430(c)(7)(B). In order to decide whether the Commissioner's position was substantially justified we must review the substantive merits of the case. Reasonable Basis In Fact In Rev. Rul. 90-93, 1990-2 C.B. 33, respondent announced the position that a person described in section 3121(d)(3), commonly referred to as a "statutory employee", is "not an employee for purposes of sections 62 and 67." Such persons may properly reflect business income and expenses in full on Schedule C in calculating adjusted gross income under section 62(a)(1). Persons who are employees for purposes of sections 62 and 67 have their miscellaneous deductions limited as provided by section 67(a). Petitioners do not appear to suggest that respondent applied the wrong legal standard in taking a position denying their deduction on Schedule C of expenses for the business of "TV Sales Executive" under the business name, "WZTV & WNAB". A reading ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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