- 10 - most significant tax issue or issues in question, and (2) respondent’s position was substantially justified. OPINION A. Background To qualify for an award of costs incurred in connection with an administrative proceeding at the Internal Revenue Service, a taxpayer must, inter alia, be the prevailing party. Sec. 7430(a)(1). A taxpayer is not the prevailing party and thus is not entitled to an award of administrative costs if the position of the United States in the administrative proceeding was substantially justified. Sec. 7430(c)(4)(B). The Commissioner bears the burden of proving that the position of the United States was substantially justified. Id. As discussed below, we hold that respondent has made that showing.4 4 To qualify for an award of administrative costs, the taxpayer also must establish that he or she exhausted administrative remedies available in the Internal Revenue Service, did not unreasonably protract the proceedings, and satisfies certain net worth limitations. Sec. 7430(b) and (c)(4)(A). Respondent concedes that petitioners met those requirements. In addition, to be a prevailing party, the taxpayer must substantially prevail as to (1) the amount in controversy, or (2) with respect to the most significant issue or set of issues presented. Sec. 7430(c)(4)(A)(i). The parties dispute whether that requirement is met. In light of our holding that respondent’s position in the proceeding was substantially justified, we need not decide whether petitioners substantially prevailed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011