- 6 - that his position was substantially justified. Sec. 7430(c)(4)(B). Respondent contends that petitioner is not the prevailing party within the meaning of section 7430(c)(4) because, while the stipulation and stipulation of settled issues resolved all issues in petitioner’s favor, respondent’s position was substantially justified.4 The Commissioner’s position is substantially justified if, based on all of the facts and circumstances and the legal precedents relating to the case, the Commissioner acted reasonably. Pierce v. Underwood, 487 U.S. 552 (1988); Sher v. Commissioner, 89 T.C. 79, 84 (1987), affd. 861 F.2d 131 (5th Cir. 1988). In other words, to be substantially justified, the Commissioner’s position must have a reasonable basis in both law and fact. Pierce v. Underwood, supra; Rickel v. Commissioner, 900 F.2d 655, 665 (3d Cir. 1990), affg. in part and revg. in part on other grounds 92 T.C. 510 (1989). A position is substantially justified if the position is “justified to a degree that could satisfy a reasonable person”. Pierce v. Underwood, supra at 565 (construing similar language in the Equal Access to Justice Act). Thus, the Commissioner’s position may be incorrect but nevertheless be substantially justified “‘if a reasonable person 4 As discussed above, respondent also contends that petitioner did not exhaust administrative remedies and that petitioner unreasonably protracted the proceedings. As a result of our conclusion herein, we need not address respondent’s additional contentions.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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