- 14 - substantially justified. See also sec. 301.7430-5(a), Proced. & Admin. Regs. Although the taxpayer has the burden of proving that the taxpayer meets requirements (1) and (2), supra, the Commissioner must show that the Commissioner’s position was substantially justified. See sec. 7430(c)(4)(B)(i); Rule 232(e). Respondent concedes that petitioner exhausted the available administrative remedies as required by section 7430(b)(1), that petitioner did not unreasonably protract the administrative or court proceedings as required by section 7430(b)(3), and that petitioner meets the net worth requirement of 28 U.S.C. section 2412(d)(2)(B). In addition, respondent does not dispute that petitioner substantially prevailed with respect to the amount in controversy. Respondent argues, however, that petitioner is not the prevailing party because respondent’s position in the administrative and judicial proceedings was substantially justified and that the costs petitioner claims are unreasonable. A. Whether Respondent’s Administrative and Litigation Positions Were Substantially Justified For purposes of deciding a motion for reasonable administrative costs, an administrative proceeding is a procedure or action before the Internal Revenue Service (the Service), sec. 7430(c)(5), and the “position of the United States” in an administrative proceeding refers to the position taken by the Service as of the earlier of (i) the date the taxpayer receives the notice of decision of the Internal Revenue Service Office ofPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011