Patricia Williams, a.k.a. Patricia Richardson, a.k.a. Tish Martinson - Page 14

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          before conceding issues and settling a  case.   Sliwa v.                     
          Commissioner, 839 F.2d 602, 609 (9th Cir. 1988). Respondent                  
          attempted this through both telephone conversations with Mr.                 
          Guterman and the Branerton letter.  Petitioner has not suggested             
          that respondent's actions after the issuance of the notice of                
          deficiency were improper or in an effort to delay the proceedings.           
          In fact, only 1-1/2 months after receiving petitioner's responses            
          to respondent's Branerton letter and petitioner's own bank deposit           
          analysis, respondent made a request to settle the case, and shortly          
          thereafter respondent did in fact concede the majority of it.  Cf.           
          Brantley v. Commissioner, supra, and cases cited therein.                    
               Although petitioner may have believed that the third party              
          information obtained by the Government was sufficient to resolve             
          this case, it was not enough to satisfy respondent in the exercise           
          of reasonable judgment.  We find that respondent's position during           
          the judicial proceeding was substantially justified.                         
               Because we hold that respondent's position was substantially            
          justified in this case, we do not need to address whether                    
          petitioner exhausted her administrative remedies or whether the              
          costs sought are reasonable.                                                 












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