James D. Schlicher - Page 8

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          did not hold such property for investment, based on the entire              
          record and the facts discussed herein, respondent's argument was            
          not unreasonable.                                                           
               Moreover, given that no bright-line test exists for                    
          determining the number of acres a taxpayer may use as his                   
          principal residence, we find that respondent's position, in fact            
          as well as in law, was justified to a degree that could satisfy a           
          reasonable person.  Although, in Schlicher I, we held that                  
          residential use includes "appreciating nature, living in open               
          spaces, hiking, horseback riding, grazing cattle, and enjoying              
          unobstructed views of the countryside," we realize that                     
          reasonable minds could differ with respect to the acreage                   
          allocable to such use.  Schlicher v. Commissioner, T.C. Memo.               
          1997-37.                                                                    
               Thus we conclude, based on the discussion herein, that                 
          respondent's position had a reasonable basis in both law and                
          fact.  Pierce v. Underwood, 487 U.S. 552 (1988).  Accordingly, we           
          hold that respondent's position was substantially justified and             
          that petitioner is not entitled to litigation costs under section           
          7430.  Petitioner's motion will therefore be denied.                        


                                   An appropriate order will be issued.               









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