- 12 - 1148 (9th Cir. 1992), affg. in part, revg. in part and remanding T.C. Memo. 1991-144. Respondent takes a position in an administrative proceeding as of the earlier of the date the taxpayer receives an IRS Appeals decision or the Commissioner sends the notice of deficiency. Sec. 7430(c)(7)(B). Respondent's position in the administrative proceeding was established on March 13, 1997, when the statutory notices of deficiency were mailed. Respondent took a position in the judicial proceeding in these cases on August 12, 1997, when respondent's answers were filed. Sec. 7430(c)(7)(A); California Marine Cleaning, Inc. v. Commissioner, T.C. Memo. 1998-311; Kahn-Langer v. Commissioner, T.C. Memo. 1995-527; Lockett v. Commissioner, T.C. Memo. 1994-144 (citing Huffman v. Commissioner, supra at 1148); Amann v. Commissioner, T.C. Memo. 1993-542, affd. per curiam without published opinion 40 F.3d 1235 (1st Cir. 1994). In this instance it is not necessary to analyze respondent's position separately on each of these dates as respondent's position was the same at both times. Swanson v. Commissioner, 106 T.C. 76, 87 (1996). We now consider whether respondent's position in the administrative and judicial proceedings was substantially justified. We analyze respondent's position in the context of what caused respondent to take that position. Lennox v. Commissioner, 998 F.2d 244, 247-249 (5th Cir. 1993), revg. inPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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