Sidney and Anna Dishal - Page 4




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          parties primarily dispute, however, whether respondent's position           
          in the judicial proceeding was substantially justified.                     
               Petitioners contend that respondent's position in the                  
          judicial proceeding was not substantially justified.  Respondent            
          asserts that it was reasonable to argue that petitioners did not            
          engage in their horse breeding and horse racing activities for              
          profit.  We agree with respondent.  For the reasons set forth               
          below, we shall deny petitioners' motion for award of reasonable            
          litigation costs.                                                           
               Position of the United States                                          
               The position taken by the United States, for purposes of               
          litigation costs, is the position of the United States in a                 
          judicial proceeding.  See sec. 7430(c)(7)(A).  Respondent took a            
          position in the judicial proceeding herein on the date                      
          respondent's answer was filed--March 4, 1997.  See Huffman v.               
          Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part            
          and revg. in part T.C. Memo. 1991-144.                                      
               Substantial Justification                                              
               The Commissioner's position is substantially justified if              
          that position could satisfy a reasonable person and if it has a             
          reasonable basis in both fact and law.  See Pierce v. Underwood,            
          487 U.S. 552, 565 (1988); Swanson v. Commissioner, 106 T.C. 76,             
          86 (1996).  We examine the facts known to the Commissioner at the           
          time the position was taken.  See Coastal Petroleum Refiners,               





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