- 9 - prevailing party if the Commissioner establishes his position was substantially justified. Respondent concedes that: (1) Petitioner meets the net worth requirement; (2) petitioner’s request for litigation costs was timely; and (3) petitioner substantially prevailed with respect to the most significant issue. However, respondent contends: (1) Petitioner is not the prevailing party because his litigating position was substantially justified; (2) petitioner failed to exhaust all administrative remedies available to it; (3) petitioner unreasonably protracted the proceedings; and (4) petitioner did not adequately substantiate its claimed litigation costs. A. Whether Petitioner Exhausted the Available Administrative Remedies The parties dispute whether petitioner exhausted all administrative remedies. This dispute stems from the following facts: (1) The IRS issued to petitioner a 30-day letter on October 2, 2002, and included Publication 5; (2) petitioner faxed a one-sentence letter to the IRS requesting an Appeals Office conference on October 16, 2002; (3) the IRS notified petitioner that it was required to file a formal written protest to obtain an Appeals Office conference;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011