Kenneth C. Rathbun, et al. - Page 9

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          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 delivered           






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