- 14 - respondent’s counsel acknowledged the Appeals officer’s mistake and requested additional substantiation. Once petitioners provided the requested information, respondent’s counsel promptly conceded. Under the circumstances, we conclude that respondent’s position in the court proceeding was substantially justified. See Bertolino v. Commissioner, 930 F.2d 759, 761 (9th Cir. 1991) (upholding the denial of litigation costs where the Commissioner’s attorney settled the case “with reasonable dispatch”); Andary-Stern v. Commissioner, supra (the Commissioner is given a reasonable period of time to resolve factual issues after receiving all relevant information); see also Estate of White v. Commissioner, T.C. Memo. 2007-54 (and cases cited therein). Because respondent’s position was substantially justified, petitioners are not entitled to recover administrative costs or litigation costs. Accordingly, we need not decide whether petitioners paid or incurred attorney’s fees or whether the claimed fees are reasonable. In reaching our holding, we have considered all arguments made by the parties, and to the extent not mentioned above, we find them to be moot, irrelevant, or without merit. To reflect the foregoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14Last modified: November 10, 2007