Robert Schwartz and Diane Schwartz - Page 10

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          evidence it was reasonable for respondent to believe that the               
          Court would find that the yacht racing activity was not engaged             
          in for profit.                                                              
               We conclude respondent has established that his position was           
          substantially justified--it was a reasonable position                       
          sufficiently supported by the facts and circumstances of the case           
          and the existing legal precedent.  Accordingly, petitioners are             
          not the “prevailing party”.  Sec. 7430(c)(4)(B)(i).  As                     
          petitioners are not the prevailing party, we hold that they are             
          not entitled to an award of litigation costs.                               
               To reflect the foregoing,                                              

                                                  An appropriate order will           
                                             be issued, and decision will             
                                             be entered for petitioners.              






















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