Joseph W. Evans, Jr. and Mildred S. Evans - Page 11




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               We first consider whether respondent's position was                    
          substantially justified.  For the reasons stated, infra, we find            
          that it was.                                                                
               Whether respondent's position was substantially justified              
          depends on whether respondent's position and actions were                   
          reasonable in light of the facts of the case and applicable                 
          precedents.  Bragg v. Commissioner, 102 T.C. 715, 716 (1994);               
          Powers v. Commissioner, 100 T.C. 457, 470-471 (1993), affd. in              
          part and revd. and remanded in part 43 F.3d 172 (5th Cir. 1995).            
          The fact that respondent concedes the case is not necessarily               
          indicative that a position is not substantially justified.  Price           
          v. Commissioner, 102 T.C. 660, 662-665 (1994), affd. without                
          published opinion sub nom. TSA/THE Stanford Associates, Inc. v.             
          Commissioner, 77 F.3d 490 (9th Cir. 1996).  A position is                   
          "substantially justified" when it is "justified to a degree that            
          could satisfy a reasonable person."  Pierce v. Underwood, 487               
          U.S. 552, 565 (1988).                                                       
               Petitioners did not meet with respondent's auditing agent at           
          any time during the examination of their 1992 Federal income tax            
          return.                                                                     
               The principal issue in this case is one of substantiation.             
          Subsequent to the filing of the petition in this case on January            
          30, 1995, the parties diligently communicated with each other to            
          resolve the substantiation issue.  We have set forth those                  
          continuing communications supra.  As soon as petitioners                    
          submitted to respondent documentation to support their claimed              


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