- 10 -
evidence it was reasonable for respondent to believe that the
Court would find that the yacht racing activity was not engaged
in for profit.
We conclude respondent has established that his position was
substantially justified--it was a reasonable position
sufficiently supported by the facts and circumstances of the case
and the existing legal precedent. Accordingly, petitioners are
not the “prevailing party”. Sec. 7430(c)(4)(B)(i). As
petitioners are not the prevailing party, we hold that they are
not entitled to an award of litigation costs.
To reflect the foregoing,
An appropriate order will
be issued, and decision will
be entered for petitioners.
Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011