- 10 - of the reasonableness of the Commissioner’s position is based upon the available facts that formed the basis for the position, as well as any controlling legal precedent. See Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 442 (1997); Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 688 (1990). The phrase “position of the United States” is defined by section 7430(c)(7), as the position taken by the United States in a judicial proceeding, see sec. 7430(c)(7)(A), and the position taken in an administrative proceeding as of the earlier of (1) the date on which the taxpayer receives the notice of the decision of the Internal Revenue Service Office of Appeals, or (2) the date of the notice of deficiency, see sec. 7430(c)(7)(B). Based upon the plain language of this definition, we held in Huffman v. Commissioner, T.C. Memo. 1991-144, that the position of the United States in the administrative proceedings was unjustified, whereas the position of the United States in the judicial proceeding was “not substantially unjustified”. In effect, we held that the United States can take two positions in a particular case, one position in the prelitigation administrative proceedings and another position in the judicial proceedings, and each position must be evaluated separately to determine whether it wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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