- 23 - 15(...continued) * * * * * * * (4) Prevailing party.-- (A) In general.--The term “prevailing party” means any party in any proceeding to which subsection (a) applies * * *-- (i) which-- (I) has substantially prevailed with respect to the amount in controversy, or (II) has substantially prevailed with respect to the most significant issue or set of issues presented, and (ii) which meets the requirements of the 1st sentence of section 2412(d)(1)(B) of title 28, United States Code * * * (B) Exception if United States establishes that its position was substantially justified.-- (i) General rule.--A party shall not be treated as the prevailing party in a proceeding to which subsection (a) applies if the United States establishes that the position of the United States in the proceeding was substantially justified. * * * * * * * (C) Determination as to prevailing party.-- Any determination under this paragraph as to whether a party is a prevailing party shall be made by agreement of the parties or-- * * * * * * * (ii) in the case where such final determination is made by a court, the court. * * * * * * * (continued...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011