Estate of Graciano V. Espinoza, Deceased, Elvira Expinoza, Executrix - Page 7

                                        - 7 -                                         
               The disputed aspects of the instant motion for recovery of             
          administrative costs involve whether respondent was substantially           
          justified in his Appeals Office disallowance of $2,092,364 in               
          claimed gambling losses and whether decedent’s estate’s net worth           
          at the time of decedent’s death exceeded $2 million.                        

          Discussion                                                                  
               Under section 7430, among other requirements, no award of              
          administrative costs is available either if the respondent’s                
          position was substantially justified or if an estate’s net worth            
          exceeded $2 million at the time of the decedent’s death.  Sec.              
          7430(c)(4)(A), (B)(i), (D)(i)(I); see also 28 U.S.C. sec.                   
          2412(d)(2)(B) (2000).                                                       
               Generally, before respondent’s examination office and                  
          Appeals Office, taxpayers have the burden of proving their                  
          entitlement to claimed expenses and losses.  Norgaard v.                    
          Commissioner, 939 F.2d 874, 878 (9th Cir. 1991), affg. and revg.            
          in part on another ground T.C. Memo. 1989-390.  In connection               
          with a motion for litigation or administrative costs, respondent            
          has the burden of establishing that his position was                        
          substantially justified, and taxpayers have the burden of                   
          establishing that they satisfy the other requirements of section            
          7430.  Rule 232(e).                                                         
               Section 165(d) provides a deduction for losses from wagering           
          transactions up to the amount of winnings from wagering                     
          transactions.                                                               



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011