Miriam Lawrence - Page 25

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            on the various bank statements that he reviewed during the course                             
            of petitioners' examinations.  It was petitioners' obligation to                              
            provide the explanations.                                                                     
                  In view of the amounts involved in the questioned                                       
            transactions and petitioners' failure to cooperate, Agent Red                                 
            acted reasonably under the circumstances.  With the period of                                 
            limitations about to expire, he concluded his examinations and                                
            adjusted petitioners' incomes based upon the information                                      
            available to him at the time.                                                                 
                  Accordingly, we hold that respondent's positions in the                                 
            administrative and litigation proceedings were substantially                                  
            justified.                                                                                    
            II. Respondent's Other Objections to Petitioners' Motions                                     
                  Because the requirements of section 7430 are in the                                     
            conjunctive, Minahan v. Commissioner, 88 T.C. 492, 497 (1987),                                
            our holding that respondent's position was substantially                                      
            justified operates in and of itself to deny petitioners' motions.                             
            Consequently, we need not address respondent's other objections                               
            to the motions.                                                                               
                  To reflect the foregoing,                                                               












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