- 10 - not allowed a section 362 basis adjustment in order to protect the revenue should the Bowdens prevail on their issue. In its motion, however, petitioner does not address whether respondent's position with respect to the adjustments contained in the notice of deficiency was substantially justified. Petitioner argues that because respondent failed to acknowledge the section 362 basis adjustment until the amended answer to the amendment to petition was filed, respondent's position was unreasonable and petitioner is entitled to litigation costs. We disagree. Petitioner does not explain, nor does the record suggest, how the section 362 basis adjustment relates to the deficiency amounts contained in the notice of deficiency. We therefore find that respondent's position regarding the basis adjustments to be irrelevant to petitioner's motion. Even if we were to consider respondent's position with respect to the section 362 basis adjustments, we have recognized that the Government may, at times, take alternative or inconsistent positions with respect to different taxpayers. Rule 31(c); Dixson Intl. Serv. Corp. v. Commissioner, 94 T.C. 708, 717 (1990); Barkley Co. v. Commissioner, 89 T.C. 66, 68 (1987). There are limits, however, to the propriety of taking inconsistent positions. If a so-called inconsistent position has no possible chance of success, it has been held to be unreasonable. Dixson Intl. Serv. Corp. v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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