- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
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