- 4 - 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 administrativePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011