- 7 - substantially justified. The position of the United States in an administrative proceeding is established as of the earlier of (1) the date the taxpayer receives notice of a decision of the I.R.S. Office of Appeals, or (2) the date of the notice of deficiency. Sec. 7430(c)(7)(B). The position of the United States in a deficiency proceeding in this Court is that set forth in the Commissioner’s answer. E.g., Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 442 (1997); see sec. 7430(c)(7)(A). B. Substantial Justification For purposes of section 7430, a position of the United States is substantially justified if it has a reasonable basis in both law and fact. E.g., Maggie Mgmt. Co. v. Commissioner, supra at 443. The determination of the reasonableness of that position is based upon the available facts that formed the basis for the position, as well as any controlling legal precedent. Id. The inquiry is not a static one; that is, a position of the United States that was reasonable when established may become unreasonable in light of changed circumstances. See, e.g., Wasie v. Commissioner, 86 T.C. 962, 969 (1986); see also sec. 301.7430- 5(c)(2), Proced. & Admin. Regs. (any award of administrative costs may be limited to costs attributable to the portion of the proceeding during which the position of the I.R.S. was not substantially justified). The fact that the Commissioner ultimately concedes an issue does not, by itself, establish thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011