Glen L. Wittstadt, Jr. and Lynne M. Wittstadt - Page 19

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               Respondent concedes that petitioners exhausted their                    
          administrative remedies within the IRS.  Respondent also concedes            
          that petitioners did not unreasonably protract the court                     
          proceeding.  Accordingly, we must decide whether petitioners                 
          qualify as the "prevailing party" in the court proceeding.                   
               B. Prevailing Party                                                     
               In order to qualify as the "prevailing party", a taxpayer               
          must establish: (1) The position of the United States in the                 
          proceeding was not substantially justified; (2) the taxpayer has             
          substantially prevailed with respect to the amount in controversy            
          or the most significant issue or set of issues presented; and (3)            
          the taxpayer satisfies the applicable net worth requirement.                 
          Sec. 7430(c)(4)(A).                                                          
               Respondent concedes that petitioners substantially prevailed            
          within the meaning of section 7430(c)(4)(A)(ii).  Respondent also            
          concedes that petitioners satisfy the applicable net worth                   
          requirement.  However, respondent contends that the position                 
          taken by respondent in the court proceeding was substantially                
          justified.                                                                   
               Petitioners bear the burden of proving that respondent's                
          position in the court proceeding was not substantially justified.            
          Rule 232(e); Dixson Corp. v. Commissioner, 94 T.C. 708, 714-715              
          (1990); Gantner v. Commissioner, 92 T.C. 192, 197 (1989), affd.              
          905 F.2d 241 (8th Cir. 1990).  Accordingly, we must decide                   
          whether petitioners have carried their burden of proving that                




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