- 5 - had accepted a qualified offer of the party under subsection (g).” The qualified offer provision of section 7430(c)(4)(E) applies without regard to whether respondent’s position in the matter is substantially justified. See Haas & Associates Accountancy Corp. v. Commissioner, 117 T.C. 48, 59 (2001), affd. 55 Fed. Appx. 476 (9th Cir. 2003); McGowan v. Commissioner, T.C. Memo. 2005-80. Respondent concedes that petitioner has exhausted the available administrative remedies, did not unreasonably protract the proceedings, and claims litigation costs that are reasonable. Respondent instead argues that petitioner cannot be considered a prevailing party under section 7430(c)(4)(E) because the offer submitted by petitioner was not a valid qualified offer under section 7430(g). Respondent argues that the offer was not made with respect to all of the adjustments at issue and only those adjustments, did not clearly specify the amount offered, and, if accepted, would not have fully resolved petitioner’s liability for the taxable years at issue.3 3 Respondent also argues that petitioner’s motion should be denied because petitioner did not include an affidavit demonstrating that he met the net worth requirements set forth in the Equal Access to Justice Act, 28 U.S.C. sec. 2412(d)(2)(B) (2000) at the time his petition was filed. Sec. 7430(c)(4)(A)(ii); Rule 231. Petitioner has since filed an affidavit with supporting exhibits that show his net worth was $17,221 at the time his petition was filed. We find that petitioner meets the net worth requirements of sec. 7430(c)(4)(A)(ii).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011