- 14 - 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 aPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011