- 16 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011