Earl M. Hasbrouck and Donna M. Hasbrouck - Page 25

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          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 agency             





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