- 9 - and, at the time the petition is filed, satisfy certain net worth requirements. Sec. 7430(c)(4)(A). Section 7430(c)(4)(B), however, provides that a taxpayer shall not be treated as a prevailing party if the United States establishes that the position of the United States in the proceeding was substantially justified. Section 7430(c)(7)(B) states that the term “position of the United States” means the position taken by the United States in an administrative proceeding as of the earlier of (1) the date of the receipt by the taxpayer of the notice of the decision of the IRS Office of Appeals, or (2) the date of the notice of deficiency. Respondent is not considered as having taken any position in an administrative proceeding prior to the issuance of an Appeals Office decision or a notice of deficiency. See, e.g., Richardson v. Commissioner, T.C. Memo. 1991-427. Taxpayers must, among other things, receive either a notice of decision from the Appeals Office or a notice of deficiency to qualify as prevailing parties in an administrative proceeding under section 7430(c)(4). Fla. Country Clubs, Inc. v. Commissioner, 404 F.3d 1291 (11th Cir. 2005), affg. 122 T.C. 73 (2004). Petitioners never received a notice of deficiency from respondent so we turn to the meaning of a notice of the decision of the Appeals Office. A notice of decision, for purposes of section 7430, is “the final written document, mailed or deliveredPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011