Tae M. & Young J. Kim - Page 17




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          of establishing that respondent’s position was substantially                
          justified and (2) that petitioners are not the prevailing party             
          under section 7430(c)(4) with respect to each such matter.9                 
               We next address respondent’s position for purposes of                  
          section 7430(c)(4)(A) with respect to the section 6662(a) deter-            
          mination to the extent that determination imposed an accuracy-              
          related penalty on the respective portions of the underpayment              
          for petitioners’ taxable year 2002 (2002 underpayment) that were            
          attributable to the $622 interest determination and the $16                 
          Travelers Prop. determination.  For the reasons set forth above,            
          on the record before us, we find (1) that respondent has met                
          respondent’s burden under section 7430(c)(4)(B)(i) of establish-            
          ing that respondent’s position was substantially justified and              
          (2) that petitioners are not the prevailing party under section             
          7430(c)(4) with respect to the section 6662(a) determination to             
          the extent that determination imposed an accuracy-related penalty           
          on such respective portions of the 2002 underpayment.10                     
               We next address respondent’s position for purposes of                  
          section 7430(c)(7)(A) with respect to the $21,267 gross proceeds            
          determination.  The Court has held that “whenever there is a                


               9Since we have found that petitioners are not the prevailing           
          party under sec. 7430(c)(4), we need not, and shall not, address            
          any of the other requirements in sec. 7430 that petitioners must            
          satisfy in order to be entitled to litigation costs under sec.              
          7430(a).                                                                    
               10See supra note 9.                                                    





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