Rajesh Prabhakar - Page 5

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          7430.  Rule 232(e).  Petitioner, however, will not be treated as            
          the prevailing party if respondent’s position was substantially             
          justified (i.e., had a reasonable basis in law and fact).  Sec.             
          7430(c)(4)(B); see Pierce v. Underwood, 487 U.S. 552, 565 (1988).           
          The fact that respondent loses an issue is not determinative of             
          the reasonableness of respondent’s position.  Wasie v.                      
          Commissioner, 86 T.C. 962, 969 (1986).                                      
               Respondent’s position was reasonable and substantially                 
          justified.  Respondent was not provided with the requisite                  
          documentation until after the answer was filed.  On March 10,               
          2005, respondent received the documentation relating to the                 
          capital gain income and tuition expense, and, on March 16, 2005,            
          he conceded those issues and agreed with petitioner.                        
          Accordingly, petitioner’s motion will be denied.                            
               Contentions we have not addressed are irrelevant, moot, or             
          meritless.                                                                  
               To reflect the foregoing,                                              

                                                  An appropriate order and            
                                             decision will be entered.                













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