Maggie Management Company - Page 29

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          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, we             




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