- 20 -20 I. The Substantial Justification of Respondent's Position Until her Appeals officer conceded the cases in response to information not previously provided to the revenue agent, respondent's position in this matter was that the unexplained bank deposits to the accounts of Lawrence and Abraham represented taxable income to each as computed in the notices of deficiency. Whether respondent's position is substantially justified is a question of fact. We resolve such issues by the application of a reasonableness standard. See Pierce v. Underwood, 487 U.S. 552 (1988) (construing similar language in the Equal Access to Justice Act, 28 U.S.C. sec. 2412 (1988)). In considering the reasonableness of respondent's position, we take into account what she knew at the time that she took the position based on the information available to her at that time. See Rutana v. Commissioner, 88 T.C. 1329, 1334 (1987). Petitioners claim that, even without their cooperation, Agent Red had the obligation to go further in his examinations. They claim that Haddad had no more information than Agent Red did and that she was able to satisfy respondent's Appeals officer that the deposits in question did not represent taxable income to either Abraham or Lawrence. Respondent argues that Agent Red was entitled to ask for and receive explanations with respect to thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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