- 11 - We disagree. As we stated above, petitioner finally submitted all of the requested documents to respondent's Appeals officer on March 17, 1998. On or before April 10, 1998, respondent conceded all of the issues in the notice of deficiency, and the signed stipulation was filed with the Court on April 13, 1998. In our view, respondent timely reviewed the documents submitted by petitioner. Due to the delay by petitioner in providing adequate documentation, we are persuaded that respondent's Appeals officer was unable to review the documents prior to the submission of the trial memorandum. Thus, we are satisfied that respondent exercised due diligence in answering the petition, did not ignore documents in respondent's possession, and reviewed the documents in a timely manner. We note that within 8 months after respondent's answer, the parties entered into a stipulation of settlement. The case would have been resolved earlier if petitioner had provided respondent with the necessary documents. Because respondent had a reasonable basis in fact and law for the positions taken in the answer and the trial memorandum, we hold that respondent's position was substantially justified, and therefore petitioner was not the prevailing party within the meaning of section 7430(c)(4). Thus, we need not address the issue of whether petitioner's claim for litigation costs was reasonable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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