- 9 - supra at 564-565; Powers v. Commissioner, 100 T.C. 457, 473 (1993), affd. on this issue and revd. in part and remanded on other issues 43 F.3d 172 (5th Cir. 1995), remanded 51 F.3d 34 (5th Cir. 1995). The fact that the Commissioner eventually loses or concedes the case does not in itself establish that a position is unreasonable. Wilfong v. United States, 991 F.2d 359, 364 (7th Cir. 1993). However, it is a factor to be considered. Estate of Perry v. Commissioner, 931 F.2d 1044, 1046 (5th Cir. 1991); Powers v. Commissioner, supra at 471. The taxpayer need not show bad faith to establish that the Commissioner's position was not substantially justified for purposes of a motion for litigation costs under section 7430. Estate of Perry v. Commissioner, supra; Powers v. Commissioner, supra. C. Whether Respondent Had a Basis in Fact for the Position in the Notice of Deficiency 1. Respondent's Investigation Before the Notice of Deficiency Respondent investigated this case before issuing the notice of deficiency. Respondent's agents interviewed the decedent and Mrs. Spear and sent document requests to them. Respondent summoned third parties, reviewed public records, and examined the decedent and Mrs. Spear's bank accounts and financial statements.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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