AWMILLER v. U.S.

No. 91-35913.

1 F.3d 930 (1993)

Berniece AWMILLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 5, 1993.


Attorney(s) appearing for the Case

Thomas F. Kelly, Kirkland, WA, for plaintiff-appellant.

Bridget M. Rowan, Tax Div., U.S. Dept. of Justice, Washington, DC, for defendant-appellee.

Before FARRIS, FERGUSON and D.W. NELSON, Circuit Judges.


FARRIS, Circuit Judge:

Berniece Awmiller appeals from the district court's denial of her request for attorney's fees under 26 U.S.C. § 7430. We have jurisdiction over the timely appeal pursuant to 26 U.S.C. § 7430(e) and 28 U.S.C. § 1291. We affirm.

The sole issue is whether the position of the United States in Awmiller's tax refund suit was "substantially justified." 26 U.S.C. § 7430(c)(4)(A)(i). The phrase "substantially justified" means...

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