- 27 - 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.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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