- 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