- 29 - trials involving substantially the same evidence would have entailed. Petitioner has not proven that respondent was not substantially justified in maintaining respondent's position against petitioner. In a case such as this, respondent is charged with the difficult task of protecting the fisc. Petitioner and Ohanesian asserted fundamentally conflicting versions of the nature of their relationship and the payments of the Ohanesian-related items. Based on such evidence, and the fact that Ohanesian and petitioner both reversed the positions they took in the State court case, respondent acted reasonably in maintaining the position taken in petitioner's case until the Ohanesians conceded with respect to those items. Petitioner lamely asserts that respondent's agent took an instant dislike to the Gehans which clouded his judgment as to the strength of petitioner's position. However, we find no indication in the record that respondent sought to extract unjustified concessions from petitioner, or that respondent pursued the litigation to harass or embarrass petitioner, and petitioner has pointed to none. See Rutana v. Commissioner, 88 T.C. 1329, 1333 (1987); Wickert v. Commissioner, T.C. Memo. 1986- 277, affd. 842 F.2d 1005 (8th Cir. 1988). Since we hold that petitioner has not proven that respondent's position was not substantially justified with respect to the deductibility of the Ohanesian-related items, wePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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