Hoyt W. and Barbara D. Young, et al. - Page 27

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          7430(c)(4)(A)(ii).”  Id.; see also id. n.27.  As respondent has             
          forgone the opportunity provided in our May 10 and June 14, 2006            
          orders to challenge that (or any other) aspect of Dixon VII, we             
          shall again look to the real parties in interest to determine the           
          extent to which the requested amounts were paid or incurred.  See           
          infra Part III.H.                                                           
               C.   Substantial Justification Defense                                 
               Under section 7430(c)(4)(B)(i), it is “the position of the             
          United States in the proceeding” that is evaluated under the                
          substantial justification standard.  In Dixon VII, we identified            
          that position as “respondent’s litigating position regarding the            
          legal effect of the attorney misconduct (i.e., that such                    
          misconduct amounted to harmless error and therefore did not                 
          invalidate the decisions entered against the test case                      
          petitioners following the issuance of Dixon II).”  Dixon v.                 
          Commissioner, T.C. Memo. 2006-97 at Part II.C.1.  We then                   
          concluded, although we had adopted that very position in Dixon              
          III, that the finding of the Court of Appeals in Dixon V that we            
          had committed clear error in that regard compelled the conclusion           
          that respondent’s position was not substantially justified.  As             
          respondent has declined our invitation to challenge that aspect             
          of Dixon VII, we similarly conclude here that the position of the           
          United States, as so identified, was not substantially justified.           







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