- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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