- 11 - Respondent was free to do so; however in the absence of any legal or factual basis to make his position reasonable, he did so at his peril. We find that respondent was not substantially justified in denying petitioner’s claim for relief after receiving CCISO’s recommendation for relief and filing his answer to petitioner’s amended petitions. B. Qualified Offer Under section 7430(c)(4)(E) a party shall also be treated as the prevailing party if “the liability of the taxpayer pursuant to the judgment in the proceeding (determined without regard to interest) is equal to or less than the liability of the taxpayer which would have been so determined if the United States had accepted a qualified offer of the party under subsection (g).” The qualified offer provision of section 7430(c)(4)(E) applies without regard to whether respondent’s position in the matter is substantially justified.7 See Haas & Associates Accountancy Corp. v. Commissioner, 117 T.C. 48, 59 (2001), affd. 55 Fed. Appx. 476 (9th Cir. 2003); McGowan v. Commissioner, T.C. Memo. 2005-80. 7Sec. 7430(c)(4)(E)(iv) provides that the qualified offer subparagraph “shall not apply to a party which is a prevailing party under any other provision of this paragraph.” For the period prior to respondent’s answer to the amended petitions, petitioner was not a prevailing party with respect to any of the docketed cases. Thus, it is necessary to determine whether petitioner was a prevailing party based on having submitted a qualified offer during the period prior to respondent’s answer.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007