- 6 - in both law and fact. Pierce v. Underwood, 487 U.S. 552, 563-565 (1988). This Court will determine the reasonableness of respondent's position as to each issue independently and apportion the requested award between those issues for which respondent was, and those issues for which respondent was not, substantially justified. See, e.g., Swanson v. Commissioner, 106 T.C. 76, 87-92 (1996). Respondent concedes that his position with respect to the cash contributions was not substantially justified. A. Depreciation Deductions Respondent contends that he was substantially justified in disallowing Salopek's depreciation deductions because petitioners failed to provide the necessary substantiation. During the examination, petitioners provided Agent Parker with Salopek's FY 1993, FY 1994, and FY 1995 depreciation schedules, each of which delineated more than 100 assets. After reviewing the schedules, Agent Parker requested that petitioners substantiate the depreciable bases of only three assets--certain pecan trees placed in service during 1988, 1991, and 1992. Petitioners did not provide Agent Parker with the requisite substantiation. Respondent then disallowed all of Salopek's depreciation deductions. When respondent ultimately received the substantiation for the pecan trees, however, he conceded the issue. Respondent's position with respect to the pecan trees was substantially justified. Respondent's position with respect toPage: Previous 1 2 3 4 5 6 7 8 9 Next
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