Helen E. Foy - Page 14

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          1991-144; Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 442               
          (1997).                                                                     
               Although respondent’s administrative and litigation                    
          positions are often considered separately, we may consider them             
          together if respondent maintains the same position throughout the           
          administrative and litigation process.  Huffman v. Commissioner,            
          supra at 1144-1147; Maggie Mgmt. Co. v. Commissioner, supra at              
          442; Livingston v. Commissioner, T.C. Memo. 2000-387.  In the               
          present case, respondent’s position in both the notice of                   
          determination and the answer was that petitioner’s election to              
          allocate the joint liability under section 6015(c) was invalid              
          because she had actual knowledge when she signed the returns of             
          any items giving rise to the deficiency that were allocable to              
          her spouse.                                                                 
               The Commissioner’s position is substantially justified if it           
          has a reasonable basis in both fact and law and is justified to a           
          degree that could satisfy a reasonable person.  Huffman v.                  
          Commissioner, supra at 1147 n.8 (citing Pierce v. Underwood, 487            
          U.S. 552, 565 (1988)); Maggie Mgmt. Co. v. Commissioner, supra at           
          443; sec. 301.7430-5(c)(1), Proced. & Admin. Regs.  The                     
          reasonableness of respondent’s position turns on the available              
          facts that formed the basis for the position and any legal                  
          precedents related to the case.  Maggie Mgmt. Co. v.                        
          Commissioner, supra at 443; DeVenney v. Commissioner, 85 T.C.               






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