- 8 - Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th Cir. 1990).6 Respondent concedes that petitioner has exhausted the administrative remedies available, has substantially prevailed with respect to the amount in controversy,7 and did not unreasonably protract the proceedings. I. Whether the Position of the United States Was Substantially Justified In order to obtain reasonable litigation costs in this case, petitioner must establish that respondent’s position in the court proceeding was not substantially justified. We apply the “not substantially justified” standard as of the date that the United States takes its position in the case. For purposes of a court proceeding, the position of the United States is that which is set forth in the answers to the petitions. Grant v. Commissioner, supra at 952; Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 442 (1997). 6In the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 701(b), 110 Stat. 1452, 1463 (1996), sec. 7430(c)(4) was amended to require the Government to establish that its position was substantially justified. This amendment is effective for proceedings commenced after July 30, 1996. The petitions in this case were filed before July 30, 1996; thus, the burden remains on petitioner. Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 438- 441 (1997). 7Although respondent concedes that petitioner has substantially prevailed with respect to the amounts in controversy, he disputes that petitioner has substantially prevailed with respect to all her arguments and contentions.Page: 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