Danny K. Eldridge and Elma J. Eldridge - Page 7

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               The presence of the factors discussed above leads us to the            
          conclusion that respondent's position had a reasonable basis in             
          both law and fact.  Pierce v. Underwood, 487 U.S. 552, 565                  
          (1988); Sher v. Commissioner, 89 T.C. 79, 84 (1987), affd. 861              
          F.2d 131 (5th Cir. 1988).  Accordingly, we hold that respondent's           
          position was substantially justified and that petitioners are not           
          entitled to litigation costs under section 7430.  Based on this             
          holding, we need not consider respondent's alternative position             
          that the amount of costs claimed is not reasonable.  Petitioners'           
          motion will therefore be denied.                                            
                                             An appropriate order will be             
                                        issued.                                       


























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