- 7 - substantially justified in arguing that the MBA program constituted a minimum educational requirement. See Allemeier v. Commissioner, T.C. Memo. 2005-207. Similarly, although we found that petitioner’s MBA “enhanced” his preexisting skills rather than qualified him to perform “significantly” different tasks and activities, we find that respondent was substantially justified in arguing that petitioner’s course of study qualified him for a new trade or business. Id. Accordingly, we find that respondent’s position was substantially justified.6 Petitioner is therefore not the prevailing party and may not recover any litigation costs. See sec. 7430(c)(4)(B). In light of this holding, we need not decide whether petitioner exhausted administrative remedies or whether the legal costs petitioner claimed are reasonable.7 See, e.g., Kean v. Commissioner, T.C. Memo. 2003-275, affd. 407 F.3d 186 (3d Cir. 2005); Gutierrez v. Commissioner, T.C. Memo. 1995-569 (where 6For similar reasons, we also conclude that respondent’s position regarding the accuracy-related penalty was substantially justified. See Uddo v. Commissioner, T.C. Memo. 1998-276. 7We note that petitioner submitted a $15,553 billing statement for litigation costs from his father, a non-tax attorney who entered no appearance in this proceeding and is ineligible to practice before the Court, but petitioner made no showing that he actually paid or was legally obligated to pay the fees to his father. See sec. 7430(a)(2), (c)(1)(B)(iii); Frisch v. Commissioner, 87 T.C. 838, 846 (1986) (taxpayer not eligible to recover fees when taxpayer had no liability for the fees); Republic Plaza Props. Pship. v. Commissioner, T.C. Memo. 1997- 239.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011