- 7 - proceedings in which the taxpayers failed to come forward with the evidence needed to resolve the contested issues.” The executor does not specify the cases to which he refers. According to the executor, in this case, the estate “was denied any administrative appeal and the opportunity to end the case with a letter because Respondent failed to work the case in a timely manner.” The executor also argues that “the Government’s litigating position includes pre- litigation proceedings” and cites Estate of Cervin v. Commissioner, 111 F.3d 1252 (5th Cir. 1997), revg. T.C. Memo. 1994-550. Respondent’s Position: Respondent concedes that the estate substantially prevailed with respect to the amount in controversy, and with respect to the most significant issue presented, as required by section 7430(c)(4)(A)(i) to qualify as a prevailing party. Respondent also concedes that the estate meets the net worth requirement of 28 U.S.C. section 2412(d)(2)(B), as required by section 7430(c)(4)(A)(ii). Respondent argues that the estate is not the “prevailing party” and is not eligible for an award of litigation costs under section 7430(a) because the position of the United States in this proceeding was “substantially justified” within the meaning of the exception to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011