Barbara Kahn-Langer - Page 10

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            Although petitioner is correct that payments which continue after                          
            the recipient's death are not alimony, she does not address the                            
            reasonableness of respondent's position considering these facts                            
            and circumstances.                                                                         
                  Petitioner has not demonstrated that respondent's position                           
            was not substantially justified.  Petitioner has not proved that                           
            respondent's position lacked a reasonable basis in fact or law at                          
            the time the notice of deficiency was issued or the answer was                             
            filed, in light of the information then available to respondent.                           
            In fact, the record fails to detail the events that occurred                               
            which led to respondent's eventual concession of this case.                                
                  Consequently, petitioner is not a prevailing party as                                
            defined in section 7430(c)(4).  As a result of this holding, we                            
            need not address the question of whether petitioner has satisfied                          
            the other requirements of section 7430.  Petitioner is not                                 
            entitled to an award for reasonable administrative and litigation                          
            costs.                                                                                     
                  To reflect the foregoing,                                                            
                                                      An appropriate order and                         
                                                decision will be entered.                              











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