- 9 - Whether the position of the United States was “not substantially justified” turns on an analysis of all the facts and circumstances, as well as any relevant legal precedents. Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 688 (1990); Sher v. Commissioner, 89 T.C. 79, 84 (1987), affd. 861 F.2d 131 (5th Cir. 1988). A position is substantially justified if it is justified to a degree that could satisfy a reasonable person or it has a reasonable basis in both law and fact. Pierce v. Underwood, 487 U.S. 552, 565, 566 n.2 (1988); Wilkes v. United States, __ F.3d __, __ (11th Cir., Apr. 22, 2002); Maggie Mgmt. Co. v. Commissioner, supra at 443; Livingston v. Commissioner, T.C. Memo. 2000-387. The fact that the United States loses or concedes issues is not determinative as to whether the taxpayer is entitled to an award of reasonable litigation costs. Sokol v. Commissioner, 92 T.C. 760, 767 (1989); Wasie v. Commissioner, 86 T.C. 962, 968-969 (1986). Petitioner generally argues that respondent’s position was not substantially justified because no position against relief from joint and several liability for petitioner was reasonable under former section 6013(e)8 or section 6015, which replaced 8Former sec. 6013(e) provided that a spouse could be relieved of tax liability if the spouse proved: (1) A joint return was filed; (2) the return contained a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) in signing the return, the spouse seeking relief did not know, and had no reason to know, of the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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