- 4 - reasonable basis in law and fact). Sec. 7430(c)(4)(B); see Pierce v. Underwood, 487 U.S. 552, 565 (1988). Respondent concedes that petitioners have substantially prevailed with respect to the amount in controversy but contends that his position was substantially justified. Respondent’s position on the date he issued the notices of deficiency and after filing his answers with this Court is relevant in determining whether respondent was substantially justified. Grant v. Commissioner, 103 F.3d 948, 952 (11th Cir. 1996), affg. T.C. Memo. 1995-374. The fact that respondent loses an issue is not determinative of the reasonableness of his position. Wasie v. Commissioner, 86 T.C. 962, 969 (1986). On the date respondent issued the notices of deficiency and after filing his answers, respondent maintained the position that David failed to report income he received from his parents and Ms. Hinkle. Indeed, David’s bank statements, relating to the years in issue, delineated numerous deposits that were not included in his gross income. Thus, respondent’s position, which was based upon the information available to him at the time he took a position in the administrative and judicial proceedings, was substantially justified and reasonable. The fact that petitioners established at trial that the transfers from David’s parents and Ms. Hinkle were gifts and loans to David and hisPage: Previous 1 2 3 4 5 NextLast modified: November 10, 2007