Susanne Shaw - Page 14

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          was substantially justified.5  Coastal Petroleum Refiners, Inc.             
          v. Commissioner, supra at 688-689; see also Corkrey v.                      
          Commissioner, 115 T.C. 366, 375 n.5 (2000) (citing McDaniel v.              
          Commissioner, T.C. Memo. 1993-148, for the propositions that (1)            
          whenever there is a factual determination, the Commissioner is              
          not obliged to concede a case until the Commissioner receives the           
          necessary documentation to prove the taxpayer’s contentions, and            
          (2) the Commissioner must be given reasonable time to analyze the           
          documents and make adjustments after receiving the documents).              
               From June 13, 2003 (the date of the notice of deficiency),             
          through September 11, 2003 (the date upon which petitioner filed            
          her petition), respondent’s position with respect to all issues             
          in the administrative proceeding was substantially justified.               
          See sec. 7430(c)(4)(B); sec. 301.7430-5(c)(1), Proced. & Admin.             
          Regs.  As a result, we hold that petitioner is not eligible to              
          receive an award of reasonable administrative costs under section           
          7430(a)(1).                                                                 





               5 Costs petitioner incurred (1) in connection with the                 
          preparation and filing of her Tax Court petition and (2) after              
          the Sept. 11, 2003, filing of the petition would be litigation              
          costs rather than administrative costs.  Sec. 301.7430-4(c)(3)              
          and (4), Example (2), Proced. & Admin. Regs.  As we have                    
          previously held, petitioner is ineligible for an award of                   
          reasonable litigation costs because of her failure to exhaust               
          administrative remedies as required by sec. 7430(b)(1).                     





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