Dorene Bulger - Page 14

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          with respect to the amount in controversy or the most significant           
          issue or set of issues, (2) the taxpayer meets the net worth                
          requirements of 28 U.S.C. section 2412(d)(2)(B), and (3) the                
          Commissioner’s position in the court proceeding was not                     
          substantially justified.  See also sec. 301.7430-5(a), Proced. &            
          Admin. Regs.  Although the taxpayer has the burden of proving               
          that she meets requirements (1) and (2), the Commissioner must              
          show that his position was substantially justified.  Sec.                   
          7430(c)(4)(B); Rule 232(e).                                                 
               Respondent concedes that petitioner exhausted the available            
          administrative remedies, meets the net worth requirements of 28             
          U.S.C. section 2412(d)(2)(B), and did not unreasonably protract             
          the administrative or judicial proceedings.  In addition,                   
          respondent does not dispute that petitioner substantially                   
          prevailed with respect to the amount in controversy.  Respondent            
          argues, however, that petitioner is not the prevailing party                
          because respondent’s litigating position was substantially                  
          justified and that the costs petitioner claims are unreasonable.            
          A.   Whether Respondent’s Litigating Position Was Substantially             
               Justified                                                              
               For purposes of deciding a motion for reasonable litigation            
          costs, a court proceeding is any civil action brought in a court            
          of the United States, including this Court, sec. 7430(c)(6), and            
          the “position of the United States” in a court proceeding is the            
          position taken by the Internal Revenue Service (the Service) in a           





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