Mary Lee Sharer - Page 18

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          to respondent.  Accordingly, respondent was substantially                          
          justified, in fact and in law, in taking and maintaining the                       
          positions determined in the notices of deficiency.  Petitioner's                   
          motions with respect to administrative costs are, therefore,                       
          denied for both years at issue.                                                    
                With respect to litigation costs, the Court must look to the                 
          information available to respondent at the time the answers were                   
          filed and from that point forward.                                                 
                Respondent's answer in the 1988 case was filed on                            
          December 10, 1992.  On September 27, 1993, respondent mailed a                     
          letter to petitioner requesting that she submit evidence in                        
          support of her position.  Petitioner did not respond to this                       
          letter.  After the decision was rendered in Sharer v.                              
          Commissioner, T.C. Memo. 1994-453, on September 8, 1994,                           
          respondent contacted petitioner again to see if the 1988 case                      
          could be settled and, as to those issues common to the 1986,                       
          1987, and 1988 tax years, respondent agreed to abide by the                        
          Court's opinion that dealt with petitioner's 1986 and 1987 years.                  
          Petitioner sent respondent some documentation with a letter dated                  
          November 2, 1994, and further documentation with a letter dated                    
          January 10, 1995.  Although the information provided in these                      
          letters is not shown in the record, it is evident from the                         
          language in the several letters between the parties that                           
          petitioner was moving in the direction toward providing                            





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