- 7 - 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 petitioners’ petition. See Huffman v. Commissioner, 978 F.2d 1139, 1149 (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. Commissioner, supra at 1147 n.8 (citing Pierce v. Underwood, 487 U.S. 552, 565 (1988)); Rosario v. Commissioner, T.C. Memo. 2002- 247; sec. 301.7430-5(c)(1), Proced. & Admin. Regs. In deciding whether the Commissioner’s position was substantially justified, a significant factor is whether, on or before the date the Commissioner assumed the position, the taxpayer provided “all relevant information under the taxpayer’s control and relevant legal arguments supporting the taxpayer’s position to the appropriate Internal Revenue Service personnel.”2 Sec. 301.7430- 2“Appropriate Internal Revenue Service personnel” are those employees who are reviewing the taxpayer’s information or arguments, or employees who, in the normal course of procedure and administration, would transfer the information or arguments to the reviewing employees. Sec. 301.7430-5(c)(1), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011