Darl N. and Bonnie S. Miller - Page 8




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         Finally, respondent does not agree that the claimed costs are                
         reasonable.                                                                  
              We first consider whether respondent's position in this                 
         case 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 a part of 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).                     
              The principal issue in this case is one of                              
         substantiation.  At the administrative level, petitioners were               
         reluctant to provide to respondent's examining agent                         
         substantiation of their claimed expenses other than the ledger               
         prepared by their accountant based upon unsubstantiated                      
         information they had provided to him.                                        




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