D. Sherman and Maxine M. Cox - Page 4

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          proceedings.  The issues remaining for our decision, therefore,             
          are (1) whether petitioners substantially prevailed as to the               
          amount in controversy or most significant issue, and (2) whether            
          the position of respondent was substantially justified.                     
               Section 7430(c)(7)(A) defines the "position of the United              
          States" to mean (A) the position taken by the United States in a            
          judicial proceeding (to which the section applies) and (B) the              
          position taken in an administrative proceeding (to which the                
          section applies) as of the earlier of (i) the date of the receipt           
          by the taxpayer of the notice of the decision of the Internal               
          Revenue Service Office of Appeals or (ii) the date of the notice            
          of deficiency.  In this case, there was no separate notice from             
          the IRS Office of Appeals prior to the issuance of the notice of            
          deficiency.  Therefore, for purposes of section 7430, the United            
          States is considered to have taken a position in the                        
          administrative proceeding on October 11, 1990, the date the                 
          notice of deficiency was issued by respondent.                              
               For civil tax cases commenced after December 31, 1985,                 
          section 1551(d)(1) of the Tax Reform Act of 1986, Pub. L. 99-514,           
          100 Stat. 2085, 2752, changed the language referring to the                 
          position of the United States from "unreasonable" to "not                   
          substantially justified".  However, this Court has held that the            
          substantially justified standard does not represent a departure             
          from the reasonableness standard.  Sokol v. Commissioner, 92 T.C.           
          760, 763-764 n.7 (1989); Sher v. Commissioner, 89 T.C. 79, 84               
          (1987), affd. 861 F.2d 131 (5th Cir. 1988).                                 





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