Dennis and Nancy Flynn - Page 2

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               Petitioners requested that respondent administratively abate           
          the addition to tax under section 6651(a)(2) for failure to pay             
          tax for 1993, 1995, and 1996.  Respondent denied their request on           
          January 13, 2000.  The parties later settled the case, with                 
          respondent conceding the issue for 1993 and petitioners conceding           
          1995 and 1996.  Petitioners seek $8,162.50 in administrative                
          costs.                                                                      
               After concessions, the issue for decision is whether                   
          respondent's position in the administrative proceeding was                  
          substantially justified.  We hold that it was.                              
               References to petitioner are to Dennis Flynn.                          
                                  FINDINGS OF FACT                                    
               Some of the facts were stipulated and are so found.                    
          A.   Petitioners                                                            
               Petitioners were married and resided in Stockton,                      
          California, when they filed the petition.  At all relevant times,           
          petitioner was a tenured professor at the University of the                 
          Pacific in Stockton, California, and petitioner Nancy Flynn was             
          employed as an administrator by the Tracy, California, public               
          school system.                                                              
               1.   Petitioners’ Bankruptcy in 1991-92                                
               Petitioner was a general partner in a ministorage                      
          partnership beginning in 1986.  The ministorage business and                
          petitioners filed petitions in bankruptcy and received orders               






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