- 25 -25 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,Page: 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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