Henry P. and Darlene C. Brantley - Page 15

                                                 -15-                                                   
                  Petitioners must establish all of the above requirements                              
            before the Court may award litigation and administrative costs                              
            under section 7430.  Minahan v. Commissioner, 88 T.C. 492, 497                              
            (1987); Han v. Commissioner, T.C. Memo. 1993-386.  Petitioners have                         
            the burden of proof with respect to each and every requirement.                             
            Rule 232(e); Welch v. Helvering, 290 U.S. 111, 115 (1933); Gantner                          
            v. Commissioner, 92 T.C. 192, 197 (1989), affd. 905 F.2d 241 (8th                           
            Cir. 1990).                                                                                 
                  The "not substantially justified" standard under section 7430                         
            is applied as of the separate dates that respondent took positions                          
            in the administrative proceeding and the proceeding in this Court.                          
            Sec. 7430(c)(7)(A) and (B); Huffman v. Commissioner, supra; Han v.                          
            Commissioner, supra.    For  purposes  of  the  administrative                              
            proceeding, respondent took a position on March 11, 1994, the date                          
            of the notice of deficiency.  Sec. 7430(c)(7)(B).  For purposes of                          
            the proceeding in this Court, respondent took a position on July                            
            22, 1994, the date respondent filed the answer.  See Huffman v.                             
            Commissioner, supra at 1148.  These two positions are virtually                             
            identical; there is no evidence in the record that respondent's                             
            position changed from the time she issued the notice of deficiency                          
            until after the February 1995 meeting when petitioners provided                             
            respondent with pertinent facts surrounding the transactions.                               
            Whether or not this position was substantially justified will                               
            determine whether petitioners are entitled to an award of                                   
            reasonable litigation and administrative costs.                                             




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