Leon L. Sicard and Eleanor Sicard - Page 4

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               Petitioners bear the burden of proving that each of the                
          foregoing requirements has been satisfied.2  Rule 232(e).  The              
          requirements are conjunctive, and failure to prove any one will             
          preclude an award of costs to petitioners.  Minahan v.                      
          Commissioner, 88 T.C. 492, 497 (1987).                                      
               Respondent contends that petitioners have not shown that the           
          position of the United States was not substantially justified and           
          that the amount of attorney's fees claimed is not reasonable                
          because the applicable cost of living adjustment (COLA) was                 
          improperly calculated.  Respondent concedes that petitioners have           
          satisfied the other requirements for the award of reasonable                
          administrative and litigation costs.  We shall first consider               
          whether respondent's position was substantially justified.                  
               A position is substantially justified if it is justified to            
          a degree that could satisfy a reasonable person and has a                   
          reasonable basis in both fact and law.  Pierce v. Underwood, 487            
          U.S. 552, 565 (1988); Nalle v. Commissioner, 55 F.3d 189, 191               
          (5th Cir. 1995), affg. T.C. Memo. 1994-182; Swanson v.                      
          Commissioner, 106 T.C. 76, 86 (1996).  The determination of                 
          reasonableness is based on all of the facts and circumstances               
          surrounding the proceedings.  Nalle v. Commissioner, supra at               


          2    Because the relevant proceedings in the instant case were              
          commenced prior to the date of enactment of the Taxpayer Bill of            
          Rights 2, Pub. L. 104-168, sec. 701, 110 Stat. 1452, 1463 (1996),           
          respondent does not bear the burden of proving that the position            
          of the United States was substantially justified.                           




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