Estate of Daphne Baynham White, Deceased, Kemble White, Independent Executor - Page 16

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             definition of “position of the United States” set forth in               
             section 7430(c)(7).  Taken as a whole, section 7430 refers               
             to administrative proceedings separately from judicial                   
             proceedings, and it provides for the possibility that the                
             United States can take two positions, one in the                         
             administrative proceedings and another in the judicial                   
             proceedings, each of which must be separately evaluated.                 
             See Huffman v. Commissioner, supra.  We do not dispense                  
             with the bifurcated approach required by section 7430 based              
             upon the facts of the case.  See Kenney v. United States,                
             supra; Huffman v. Commissioner, supra.                                   
                 The estate also argues that respondent’s performance                 
             did not improve after a petition was filed.  According to                
             the estate, respondent lost the administrative file and                  
             made “numerous” requests for extension to file an answer.                
             As we see it, respondent made one extension request and                  
             made a full concession, before filing an answer, in a                    
             second extension request filed 92 days after the petition.               
             As stated above, we believe that respondent’s position in                
             these judicial proceedings was reasonable.                               
                 For the foregoing reasons,                                           

                                           Petitioner’s motion for                    
                                      litigation costs will be denied.                







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Last modified: May 25, 2011