- 28 - has been granted under section 6015(b) and (c), and we are unaware of caselaw discussing this issue. Indeed, our holding in Rowe I represents the first instance where an electing spouse has been granted relief under section 6015(b) or (c) for a portion of a deficiency attributable to an item, and then granted equitable relief under section 6015(f) for the remaining portion of the deficiency attributable to the same item. This was a complex case involving detailed findings of fact and the application of relatively new legal principles to these facts. Respondent’s position was not contrary to existing caselaw and the language in the statute providing relief if “taking into account all the facts and circumstances, it is inequitable to hold the individual liable” requires a decision by the Commissioner on the basis of the particular facts of each case. Accordingly, we find that respondent’s litigating position with respect to section 6015(f), although ultimately incorrect, was substantially justified. b. Additions to Tax and Penalties Respondent initially denied petitioner equitable relief for the additions to tax and penalties determined in the notices of deficiencies. On brief, the parties conceded some of the determinations. We note that petitioner has not presented specific arguments as to why respondent was not substantially justified in denying, or delaying in the granting of, relief forPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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