Daniel R. Allemeier, Jr. - Page 4

                                        - 4 -                                         
          litigation costs if the taxpayer establishes that he or she is              
          the prevailing party, has exhausted administrative remedies, has            
          not unreasonably protracted the court proceedings, and has                  
          claimed reasonable litigation costs.5  Sec. 7430(a), (b)(1), (3),           
          (c)(4).  A taxpayer bears the burden to prove that he or she                
          satisfies these requirements.  Rule 232(e); Corson v.                       
          Commissioner, 123 T.C. 202, 205-206 (2004).                                 
          Prevailing Party                                                            
               To be a prevailing party, the taxpayer must substantially              
          prevail with respect to either the amount in controversy or the             
          most significant issue or set of issues presented, and must                 
          satisfy the net worth requirements.  See sec. 7430(c)(4)(A); 28             
          U.S.C. sec. 2412(d)(2)(B)(2000).  The taxpayer will not be                  
          treated as a prevailing party, however, if the Commissioner’s               
          position in the court proceeding was substantially justified.               
          Sec. 7430(c)(4)(B).  The Commissioner has the burden to prove               
          that his position was substantially justified.  See sec.                    
          7430(c)(4)(B)(i); Rule 232(e).                                              
               Respondent concedes that petitioner substantially prevailed            
          and met the net worth requirements.  See sec. 7430(b) and                   
          (c)(4)(A).  Respondent contends, however, that petitioner is not            




               5Respondent concedes that petitioner did not unreasonably              
          protract proceedings.  See sec. 7430(b)(3).                                 





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011