- 4 - T.C. 430, 442 (1997) (citing Huffman v. Commissioner, 978 F.2d 1139, 1147 (9th Cir. 1992), affg. in part, revg. in part and remanding T.C. Memo. 1991-144). On the date respondent issued the notice of deficiency and after filing his answer, respondent maintained the position that petitioners were not, in 1999, in the business of refurbishing or selling real estate. As a result, respondent contends that petitioners’ “house should have been treated as investment property and the loss from the sale should have been treated as a capital loss.” Indeed, in previous years, petitioners claimed, but subsequently acquiesced to respondent’s disallowance of, certain reported business expenses. Thus, respondent’s position was substantially justified and reasonable based upon the information available to him at the time he took a position in the administrative and judicial proceedings. The fact that petitioners established at trial that they were engaged in a trade or business does not diminish the reasonableness of respondent’s position. See Wasie v. Commissioner, 86 T.C. 962, 969 (1986). The second basis for respondent’s objection to petitioners’ motion to recover litigation costs is that petitioners failed to provide a detailed affidavit setting forth the nature and amount of each cost. A motion for award of costs must be accompanied by a “detailed affidavit * * * which sets forth distinctly the nature and amount of each item of costs for which an award isPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011