- 10 - was originally filed. In light of the lack of evidence available to respondent, her position was not unreasonable. Furthermore, respondent's litigation position disputing expenses that the Court ultimately found allowable did not rest on evidence that was scant or unworthy of belief. VanderPol v. Commissioner, supra at 370. Respondent relied on testimony and trial exhibits showing that petitioner's only asset and overwhelming source of its income during 1989 and 1990 was a triple net lease, a purely passive activity. Testimony from petitioner's own accountant tended to show that petitioner's business records did not reflect income from activities other than holding the leased premises. Moreover, a reasonable person could discount evidence of founder and former principal shareholder Charles Byrne's consulting activities on behalf of NII that endeavored to show petitioner did not engage solely in a passive activity. Therefore, respondent reasonably argued that such a passive activity would generate virtually none of the disallowed deductions, other than interest and depreciation expenses, discussed infra pp. 10-14. The Court holds that respondent was substantially justified in maintaining her position on the issue of current business expenses, so that the parties could present their conflicting evidence to the Court and so we could judge the weight to bePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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