- 6 - exhaust the administrative remedies available to them, and that the costs petitioners claim are unreasonable. In contrast, petitioners contend that they were the prevailing party with respect to both the amount in controversy and the most significant issue or set of issues, that they exhausted all available administrative remedies, and that the amount of litigation costs sought is reasonable. Section 7430(c)(4)(A) and (B)(i) provides that a taxpayer is a prevailing party if (1) the Commissioner’s position in the court proceeding was not substantially justified, (2) the taxpayer substantially prevailed with respect to the amount in controversy or the most significant issue or set of issues, and (3) the taxpayer meets the net worth requirements of 28 U.S.C. section 2412(d)(2)(B) (2000). See also sec. 301.7430-5(a), Proced. & Admin. Regs. Although the taxpayer has the burden of proving that the taxpayer meets requirements (2) and (3), 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 petitioners meet the net worth requirement of 28 U.S.C. section 2412(d)(2)(B). We first consider whether respondent’s position in the court proceeding was substantially justified.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011