- 7 - and relevant legal arguments supporting the taxpayer’s position to the appropriate Internal Revenue Service personnel. Sec. 301.7430-5(c), Proced. & Admin. Regs. The fact that the Commissioner eventually conceded a case does not alone establish that his position was unreasonable. Estate of Perry v. Commissioner, 931 F.2d 1044, 1046 (5th Cir. 1991); Sokol v. Commissioner, 92 T.C. 760, 767 (1989). Here, petitioner failed to specify whether he seeks litigation or administrative costs. The position of the United States with respect to recovery of litigation costs is the position taken by the Commissioner in the answer to the petition. Sher v. Commissioner, 861 F.2d 131, 134-135 (5th Cir. 1988), affg. 89 T.C. 79 (1987). For purposes of recovery of administrative costs, the Commissioner’s position is determined as of the earlier of the date of the receipt by the taxpayer of the notice of the decision of the Appeals Office or the date of the notice of deficiency, which in this case was June 14, 2004. Sec. 7430(c)(7)(B). Under section 7430(c)(4), our application of the substantially justified standard in a litigated case is limited to the period beginning with the point at which the Commissioner’s counsel has become involved. Sher v. Commissioner, 89 T.C. at 86. This would normally take place when the Commissioner answered the petition. Id. However, in a smallPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011