- 5 - 7430. Rule 232(e). Petitioner, however, will not be treated as the prevailing party if respondent’s position was substantially justified (i.e., had a reasonable basis in law and fact). Sec. 7430(c)(4)(B); see Pierce v. Underwood, 487 U.S. 552, 565 (1988). The fact that respondent loses an issue is not determinative of the reasonableness of respondent’s position. Wasie v. Commissioner, 86 T.C. 962, 969 (1986). Respondent’s position was reasonable and substantially justified. Respondent was not provided with the requisite documentation until after the answer was filed. On March 10, 2005, respondent received the documentation relating to the capital gain income and tuition expense, and, on March 16, 2005, he conceded those issues and agreed with petitioner. Accordingly, petitioner’s motion will be denied. Contentions we have not addressed are irrelevant, moot, or meritless. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5
Last modified: May 25, 2011