- 3 - David did not file a return relating to 1983 through 1985. He delinquently filed his 1986 through 1989 and 1991 returns in 1993. Petitioners delinquently filed their 1992 joint return. By notice of deficiency (notice) dated June 25, 1996, respondent determined deficiencies, additions to tax, and penalties relating to 1983 through 1989 and 1991. On that same day, respondent sent petitioners a second notice in which he determined a deficiency and section 6662 penalty relating to 1992. On September 30, 2002, the trial was held in Tampa, Florida, and on November 24, 2003, the Court issued its memorandum opinion. The Court filed petitioners’ motions for reasonable litigation and administrative costs on July 8, 2005, and January 25, 2007. The Court, on March 21, 2007, filed respondent’s objections. Discussion Pursuant to section 7430, we may award the prevailing party in a Tax Court proceeding reasonable litigation and administrative costs. To be a prevailing party, petitioners must establish that they have substantially prevailed with respect to either the amount in controversy or the most significant issues presented. Sec. 7430(c)(4)(A); Rule 232(e). Petitioners, however, will not be treated as the prevailing party if respondent’s position was substantially justified (i.e., had aPage: Previous 1 2 3 4 5 NextLast modified: November 10, 2007