Larry L. Beeler and Cynthia J. Beeler - Page 10

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          buyer and seller in Watson attributed substantial value to the              
          unmatured crop.  Id. at 550.  Watson is not analogous to this               
          case because here the parties to the exchange attributed no value           
          to sand which had not been mined or otherwise separated from the            
          realty.                                                                     
               We conclude that respondent's position in the notice of                
          deficiency that petitioners transferred assets other than land              
          had no basis in law.                                                        
          D.   Conclusion                                                             
               We conclude that respondent's position had no basis in fact            
          or law and was not substantially justified.  Thus, petitioners              
          are entitled to an award for administrative and litigation costs            
          under section 7430.                                                         
               To reflect the foregoing,                                              

                                                 An appropriate order will           
                                             be issued granting petitioners'          
                                             motion for an award of                   
                                             administrative and litigation            
                                             costs, as amended and                    
                                             supplemented.                            











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