Clifford E. Barbour, Jr. and Dorothy D. Barbour - Page 11




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          the Court, petitioner is not a prevailing party with respect to              
          the amount in issue for the year 1992.  See sec.                             
          7430(c)(4)(A)(i)(I); sec. 301.7430-5(d), Proced. & Admin. Regs.              
               Even though petitioner did not substantially prevail with               
          respect to the amount in controversy, he may nevertheless be the             
          prevailing party if he substantially prevailed with respect to               
          the most significant issue or set of issues presented.  See sec.             
          7430(c)(4)(A)(i)(II); sec. 301.7430-5(e), Proced. & Admin. Regs.             
          However, as will be discussed below, petitioner has not                      
          established that he prevailed with respect to any issue before               
          the Court.  Therefore, we need not decide which was the most                 
          significant issue or set of issues in the case.                              
               In his original petition, petitioner disputed the entire                
          amount of the deficiency and claimed an overpayment, but he did              
          not raise any specific issues.  Therefore, based on the original             
          petition, the Court cannot consider properly before it any issues            
          other than those that formed the basis for respondent’s                      
          determination in the notice of deficiency.  Petitioner fully                 
          conceded all substantive issues related to the deficiency                    
          determination.  Specifically, petitioner conceded that White Pine            
          was a passive activity and that he had failed to report income               
          in the amount determined by respondent.  Therefore, petitioner               
          clearly did not prevail with respect to the issues before the                
          Court as raised in the original petition.                                    






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