- 6 - protract the administrative proceeding; and (3) the administrative costs are reasonable. Sec. 7430(a), (c)(4), (b)(3), (c)(2). A taxpayer is the prevailing party only if: (1) The taxpayer substantially prevailed with respect to the amount in controversy or as to the most significant issue or set of issues presented; (2) the taxpayer satisfies the applicable net worth requirement; and (3) the position of the United States in the proceeding is not substantially justified. Sec. 7430(c)(4)(A) and (B). In this case, we first address the question, whether the position of the United States was substantially justified, because the other issues need not be considered if respondent has established that his position in the administrative proceedings was substantially justified. Whether the position of the United States was substantially justified turns on a finding of reasonableness, based upon all the facts and circumstances, as well as the legal precedents relating to the case. Pierce v. Underwood, 487 U.S. 552, 565 (1988). In deciding whether the Commissioner acted reasonably, this Court must “‘consider the basis for the Commissioner’s legal position and the manner in which the position was maintained’”. Corkrey v. Commissioner, 115 T.C. 366, 373 (2000) (quoting Wasie v. Commissioner, 86 T.C. 962, 969 (1986)). The fact that the Commissioner concedes a case is not determinative of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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