- 25 - to the Commissioner. Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 694-695 (1990). Respondent has taken the position that petitioners have failed to establish that they were actively engaged in the trade or business of farming during the years in issue. Respondent took this position in the administrative proceeding when the statutory notice of deficiency was issued to petitioners on February 29, 1996, sec. 7430(c)(7)(B), and in the court proceeding when the answer to the petition was filed on July 26, 1996. We may consider the reasonableness of respondent's position in the administrative proceeding separately from respondent's position in the judicial proceeding. Huffman v. Commissioner, 978 F.2d 1139, 1144-1147 (9th Cir. 1992), affg. in part, revg. in part and remanding on another issue T.C. Memo. 1991-144. In this case, however, because the positions are the same, we consider them in a single analysis. Petitioners argue that respondent's position was not substantially justified either in fact or in law. In petitioners' view, the fact that the property was subject to the CRP contract conclusively establishes that they were actively engaged in the trade or business of farming for purposes of section 162(a) during the years in issue. They point out that the USDA and the Internal Revenue Service (IRS) are both agencies of the United States and suggest that because the former agencyPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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