Collin L. Dugan - Page 21

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          Respondent's Other Objections to Petitioners' Motion                        
               Because the requirements of section 7430 are in the                    
          conjunctive, Minahan v. Commissioner, 88 T.C. 492, 497 (1987),              
          our finding that petitioner has failed to prove that respondent's           
          position was not substantially justified, and therefore that                
          petitioner is not a prevailing party, operates in and of itself             
          to deny petitioner's motion.  Consequently, we need not address             
          respondent's other objections to the motion.                                
               To reflect the foregoing,                                              


                                              An appropriate order will be            
                                        issued denying petitioner's motion,           
                                        and a decision will be entered                
                                        herein.                                       






















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