- 5 - provided the requested substantiation. Respondent then conceded the depreciation and pruning costs deductions and settled the cattle contribution issue. On February 23, 1998, the parties filed a stipulation of settled issues, and on June 1, 1998, petitioners filed a Motion for Award of Reasonable Litigation Costs. Discussion We may award litigation costs to petitioners if they meet the requirements of section 7430. Respondent concedes that petitioners have substantially prevailed, met the net worth requirements, and exhausted all administrative remedies. See sec. 7430(a), (b)(1), (c)(4)(A). Thus, the remaining issues for decision are whether: (1) Respondent's position was substantially justified; (2) petitioners unreasonably protracted the court proceedings; and (3) the litigation costs claimed by petitioners are reasonable. See sec. 7430(a), (b)(3), (c)(1), (c)(4)(B). I. Substantial Justification On August 21, 1997, and January 15, 1998, respondent filed his answers and took the position that petitioners had not substantiated and, thus, were not allowed the deductions for depreciation, pecan tree pruning costs, and contributions of cash and cattle. Respondent must prove that this position was substantially justified. Sec. 7430(c)(4)(B). Respondent's position was substantially justified if it had a reasonable basisPage: Previous 1 2 3 4 5 6 7 8 9 Next
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