Thomas Corson - Page 8

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          that the taxpayer meets requirements (1) and (2), supra, the                
          Commissioner must show that the Commissioner’s position was                 
          substantially justified.  See sec. 7430(c)(4)(B)(i); Rule 232(e).           
               Respondent concedes that petitioner did not unreasonably               
          protract the court proceeding and that petitioner meets the net             
          worth requirement of 28 U.S.C. section 2412(d)(2)(B).  In                   
          addition, respondent does not dispute that petitioner                       
          substantially prevailed with respect to the amount in                       
          controversy.  Respondent alleges, however, that respondent’s                
          position was substantially justified, that petitioner did not               
          exhaust the administrative remedies available to him, and that              
          the costs petitioner claims are unreasonable.                               
          A.  Whether Respondent’s Position Was Substantially Justified               
               For purposes of deciding a motion for reasonable litigation            
          costs, section 7430(c)(7)(A) defines the Commissioner’s                     
          “position” as the position taken in the court proceeding.  In the           
          present case, respondent took a position when respondent filed an           
          answer to petitioner’s petition.  See Huffman v. Commissioner,              
          978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part, revg. in part           
          and remanding T.C. Memo. 1991-144; Maggie Mgmt. Co. v.                      
          Commissioner, 108 T.C. 430, 442 (1997).                                     
               The Commissioner’s position is substantially justified if it           
          has a reasonable basis in both fact and law and is justified to a           
          degree that could satisfy a reasonable person.  Huffman v.                  






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