- 22 -                                         
               We consider each of petitioners' contentions in turn.                   
               E. Congressional Intent                                                 
               Petitioners contend that respondent's position in the court             
          proceeding was not substantially justified because respondent's              
          position "is in conflict with stated Congressional intent."  In              
          this regard, petitioners rely on the statement made by the Court             
          of Appeals in reversing Adler v. Commissioner, T.C. Memo. 1995-              
          148, that "As the purpose of the statute [section 402] is to                 
          protect and encourage retirement savings, it is plain that a                 
          distribution to an employee that occurs incident to his                      
          retirement should be entitled to rollover treatment."  Adler v.              
          Commissioner, 86 F.3d at 381.                                                
               Petitioners' contention is tantamount to arguing that                   
          respondent's position was unreasonable because respondent lost               
          the case.  However, as previously stated, the fact that the                  
          Commissioner eventually loses a case does not, by itself,                    
          establish that the Commissioner's position was unreasonable.                 
          Estate of Perry v. Commissioner, supra; Swanson v. Commissioner,             
          supra; Powers v. Commissioner, supra.                                        
               Further, we recall that respondent did not lose the present             
          case in this Court.  Rather, respondent ultimately lost the case             
          on appeal.  Under these circumstances, a taxpayer ordinarily has             
          a heavy burden in contending that respondent's position was                  
          unreasonable.  The legislative history of section 7430 states                
          that "when a taxpayer loses in the trial court and obtains a                 
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