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prevailed on the two other starting dates and on the $40,000
settlement offer amount. Goettee I, issues II.A. and III. As to
the other errors disputes, petitioners prevailed on several
matters because of respondent’s concessions, and respondent
prevailed on all the unconceded items that went to opinion.
Goettee I, issue II.B.
There is no indication in the record, and petitioners do not
contend, that any matter as to which petitioners prevailed--
whether by respondent’s concession or by our holding--would
significantly benefit petitioners in later years. Cf. sec.
301.7430-5(h), Example (2), Proced. & Admin. Regs.
We conclude that, taking into account respondent’s
concessions as well as our holdings, petitioners have not
substantially prevailed with respect to what they and respondent
have stipulated to be the most significant issue or set of issues
presented.
Petitioners cite only one opinion on the issue of
substantially prevailing--Bowden v. Commissioner, T.C. Memo.
1999-30. In Bowden, we held that the taxpayers lost on the most
significant issue presented. In Bowden, we cited Bragg v.
Commissioner, 102 T.C. 715, 719-720 (1994), in which we also held
that the taxpayers lost as to the most significant issue or set
of issues presented. Petitioners point out that in Bowden we
cited Huckaby v. United States, 804 F.2d 297 (5th Cir. 1986). In
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