- 17 - 1996-452, affd. 182 F.3d 275 (4th Cir. 1999); Gaw v. Commissioner, T.C. Memo. 1995-531. Petitioners contend that respondent’s acceptance of petitioners’ amended 1994 return based on section 108 establishes that petitioners should be excused from the late payment addition for 1993. We disagree. Respondent’s acceptance of petitioners’ amended 1994 return, which reduced income for forgiveness of indebtedness based on insolvency under section 108, may show that petitioners were insolvent when a debt of theirs was discharged in 1994, not that they could not pay tax on their 1993 income. 5. Conclusion We conclude that respondent had a reasonable basis in both fact and law on January 13, 2000, for concluding that petitioners were liable for the late payment addition for 1993. Thus, respondent's position in the administrative proceeding was substantially justified, and petitioners are not entitled to an award of administrative costs under section 7430. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
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