- 10 - 4(...continued) of the 1st sentence of section 2412(d)(1)(B) of title 28, United States Code * * * (B) Exception if United States establishes that its position was substantially justified.-- (i) General rule.–-A party shall not be treated as the prevailing party in a proceeding to which subsection (a) applies if the United States establishes that the position of the United States in the proceeding was substantially justified. * * * * * * * (C) Determination as to prevailing party.–- Any determination under this paragraph as to whether a party is a prevailing party shall be made by agreement of the parties or–- * * * * * * * (ii) in the case where such final determination is made by a court, the court. * * * * * * * (E) Special rules where judgment less than taxpayer’s offer.-- (i) In general.–-A party to a court proceeding * * * shall be treated as the prevailing party if the liability of the taxpayer pursuant to the judgment in the proceeding (determined without regard to interest) is equal to or less than the liability of the taxpayer which would have been so determined if the United States had accepted a qualified offer of the party under subsection (g). * * * * * * * (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011