- 9 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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