Tam N. Huynh - Page 20




                                       - 20 -                                         
          Commissioner is not required to concede a case until he receives            
          the documentation necessary to prove a taxpayer’s contentions.              
          Brice v. Commissioner, T.C. Memo. 1990-355, affd. without                   
          published opinion 940 F.2d 667 (9th Cir. 1991).                             
                                     Conclusion                                       
               We conclude that respondent had a reasonable basis in fact             
          and law for all issues raised in the notice of deficiency, and,             
          therefore, his position was substantially justified.  Thus,                 
          petitioner is not a prevailing party and is not entitled to an              
          award of administrative or litigation costs under section 7430.             
          Based on the foregoing, we need not consider whether petitioner             
          unreasonably protracted any portion of the proceedings or whether           
          the amount of administrative and litigation costs claimed by                
          petitioner is reasonable.                                                   
               To reflect the foregoing,                                              
                                                  An appropriate order and            
                                             a decision as stipulated by              
                                             the parties will be entered.             

















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