Collin L. Dugan - Page 15

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          moving party bears the burden of proof with respect to each of              
          the above-listed elements.  Rule 232(e).                                    
               Respondent objects to petitioner's motion on several                   
          grounds.  First, respondent argues that, although the case was              
          ultimately conceded, respondent was substantially justified in              
          taking the position that NTI's S corporation election was not               
          effective until 1993 and that the Dugans therefore could not take           
          into account a passthrough loss from NTI in 1991 and carry back a           
          portion of that loss to 1988.  Second, respondent argues that               
          petitioner unreasonably protracted the proceedings by not                   
          responding to numerous letters sent to NTI or providing certain             
          information until February 1996.  Third, respondent argues that             
          petitioner did not exhaust his administrative remedies because he           
          did not timely file a request for an Appeals conference after the           
          issuance of the 30-day letters.  Finally, respondent argues that            
          the amount of costs and attorney's fees are excessive to the                
          extent that the hourly attorney's fees exceed the amount allowed            
          by section 7430, and further that all fees attributable to                  
          petitioner's request for rescission of the notices of deficiency            
          should be disallowed because the request was made only days                 
          before the petition was filed.                                              
          Substantial Justification                                                   
               1. S Corporation Elections In General.                                 
               Section 1362(a)(1) allows a small business corporation, as             
          defined under section 1361, to elect S corporation status.  An S            




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