-6- Whether the position of the United States in this proceeding was substantially justified depends on whether respondent's positions and actions were reasonable in light of the facts of the case and the applicable legal precedents. Sher v. Commis- sioner, 89 T.C. 79, 84 (1987), affd. 861 F.2d 131 (5th Cir. 1988). The inquiry must be based on the facts reasonably avail- able to respondent when the position was maintained. Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 689 (1990). In deciding this issue, we must identify the point in time at which the United States is first considered to have taken a position, and then decide whether the position taken from that point forward was not substantially justified. Ordinarily, respondent takes a litigating position on the date the answer to the petition is filed. Huffman v. Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part and revg. in part on other grounds and remanding T.C. Memo. 1991-144. Therefore, we begin by reviewing the facts reasonably available to respondent on March 24, 1995, the date she filed her answer to the amended petition, in order to evaluate the reasonableness of respondent's position. Id. Respondent's position in this case was that petitioner held 50 acres of the Clayton property for business or investment, and to that extent, the cost allocable to such use cannot be included in petitioner's cost of purchasing a new residence. RespondentPage: Previous 1 2 3 4 5 6 7 8 Next
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