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that approach here and separately discuss whether respondent's
position on each issue was substantially justified.
From the time the notice of deficiency was issued to the
March 20, 2000, settlement, the parties disagreed as to the
following substantive matters: (1) Whether amounts that Phillip
received by illegal means and failed to report on the returns for
tax years 1992 through 1994 should be reduced by the amounts that
he claimed to have repaid to his victims; (2) whether Phillip was
subject to section 6663 civil fraud penalties for the unreported
income for tax years 1992 through 1994; (3) whether Cyndie
qualified for relief under section 6015 on deficiencies,
additions to tax, and penalties resulting from Phillip's
embezzlement income; (4) whether petitioners were entitled to
claim deductions for Schedule E losses for tax years 1992 through
1994 in connection with Phillip's S corporation used in his
illegal activities; (5) whether Phillip was entitled to claim a
deduction for section 1231 loss for tax year 1991 with respect to
his interest in an unsuccessful partnership, and to carry over
that loss to subsequent tax years as net operating losses; and
(6) whether petitioners were entitled to claim certain Schedule C
deductions for tax years 1991 and 1992.
Omitted Income From Phillip's Fraudulent Ponzi Scheme
From 1990 to 1991 or 1992, Phillip operated a Ponzi scheme
through joint business ventures with another individual.
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