Simpson Financial Services, Inc. - Page 9

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          Inc. v. Commissioner, 94 T.C. 685, 688-696 (1990).  We ask                  
          ourselves, "whether * * * [respondent] knew or should have known            
          that her position was indefensible at the onset".  See Nalle v.             
          Commissioner, supra at 191.  Respondent first took a position in            
          these cases when she issued the subject notices of deficiency.4             
          Sec. 7430(c)(7)(B)(ii); see, e.g., Han v. Commissioner, T.C.                
          Memo. 1993-386.                                                             
              Petitioners allege that respondent's positions were                    
          unreasonable as evidenced by the fact that she conceded a large             
          percentage of the deficiencies reflected in the subject notice of           
          deficiencies.  We disagree.  The Government's position can be               
          justified even if ultimately rejected by the Court.  Wilfong v.             
          Commissioner, 991 F.2d 359, 364 (7th Cir. 1993).  The fact that             
          respondent eventually loses or has made substantial concessions             
          is not dispositive in establishing that the positions taken by              
          respondent were unreasonable, Nalle v. Commissioner, supra at               
          191; Bouterie v. Commissioner, supra at 1367, but is merely one             
          factor to consider; Heasley v. Commissioner, 967 F.2d 116, 120              
          (5th Cir. 1992), affg. in part and revg. in part T.C. Memo.                 
          1991-189; Estate of Perry v. Commissioner, 931 F.2d 1044, 1046              
          (5th Cir. 1991); Sher v. Commissioner, 89 T.C. 79, 84 (1987),               

               4 A 30-day letter is not the equivalent of a notice of the             
          decision from the IRS Office of Appeals or a notice of                      
          deficiency.  Consequently, a 30-day letter does not constitute a            
          position of the United States, for purposes of claiming an award            
          of administrative costs under sec. 7430.  See Estate of Gillespie           
          v. Commissioner, 103 T.C. 395 (1994).                                       




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