Paul McGowan - Page 4

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                                     Discussion                                       
               A party may recover administrative or litigation costs in a            
          Tax Court proceeding when such party has substantially prevailed            
          or is treated as the prevailing party.  Sec. 7430(a); Rule 231.             
          Petitioner, however, will not be treated as the prevailing party            
          if respondent establishes that respondent’s position was                    
          substantially justified (i.e., had a reasonable basis in law and            
          fact).  Sec. 7430(c)(4)(B); see Pierce v. Underwood, 487 U.S.               
          552, 565 (1988).  Respondent’s position on the date he issued the           
          notice of deficiency and after filing his answer with this Court            
          is relevant in determining whether respondent was substantially             
          justified.  Grant v. Commissioner, 103 F.3d 948, 952 (11th Cir.             
          1996), affg. T.C. Memo. 1995-374.  In cases where respondent is             
          substantially justified, the taxpayer may still be treated as the           
          prevailing party if he makes, pursuant to section 7430(g), a                
          qualified offer.  Sec. 7430(c)(4)(E); Haas & Associates                     
          Accountancy Corp. v. Commissioner, 117 T.C. 48 (2001), affd. 55             
          Fed. Appx. 476 (9th Cir. 2003).  Except as provided in section              
          7430(c)(4)(B), petitioner bears the burden of proving that he               
          meets the requirements of section 7430.  Rule 232(e).  The fact             
          that respondent loses an issue is not determinative of the                  
          reasonableness of respondent’s position.  Wasie v. Commissioner,            
          86 T.C. 962, 969 (1986).                                                    
               Petitioner contends that he exhausted all administrative               






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