- 17 - or respondent's Appeals officer. However, the fact that respondent's counsel agreed to settle the case is certainly not conclusive that Revenue Agent Bacino's adjustments and respondent's subsequent position that resulted therefrom were unreasonable. As we have already stated, the Commissioner's concession of an issue does not necessarily lead to a finding that the Commissioner's position was not substantially justified. See, e.g., Wilfong v. United States, 991 F.2d 359, 364 (7th Cir. 1993); Sokol v. Commissioner, supra; Wasie v. Commissioner, 86 T.C. 962, 968-969 (1986). We are aware that respondent's attorneys have much more latitude to settle a case based on the hazards of litigation and other considerations than do respondent's Appeals officers or revenue agents. Finally, petitioners argue that the standard for awarding costs under section 7430 by the Court of Appeals for the Fifth Circuit, the circuit to which this case is appealable, supports their claim for costs. We have reviewed many Fifth Circuit cases, including those cited by petitioners, and conclude that our decision herein properly applies the Fifth Circuit's standard regarding the award of costs under section 7430 and is consistent with the precedents established by that court. See Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971). Therefore, we hold that respondent has established that his position in the administrative and litigation proceedings wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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