- 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