- 40 - position was essentially the same in the administrative and Court proceedings. See Maggie Mgmt. Co. v. Commissioner, supra at 442. The parties agree, more or less, that prior to the settlement, the items at issue as a result of respondent’s examination were primarily: (1) Petitioners’ claimed business expense deductions; and (2) ISOA, Inc.’s “deferred income” in 1995 in the amount of $195,000. We have previously adopted an issue-by-issue approach to the awarding of costs under section 7430, apportioning the requested award among the issues according to whether the position of the United States was substantially justified. Swanson v. Commissioner, 106 T.C. 76, 102 (1996); O’Bryon v. Commissioner, T.C. Memo. 2000-379; see also Powers v. Commissioner, 51 F.3d 34, 35 (5th Cir. 1995). We follow that approach here and separately discuss whether respondent’s position was substantially justified with respect to each of the above issues.16 I. Business Expense Deductions In the notice of deficiency, respondent disallowed various business expense deductions claimed on petitioners’ individual tax returns, as well as the tax returns of Beacon and ISOA, Inc., 16 Much of petitioners’ presentation at the hearing addressed the criminal referral and the proposed civil fraud penalty. Although the civil fraud penalty was proposed in the revenue agent’s report, it was neither included in the notice of deficiency nor the answer. Consequently, the substantial justification of respondent’s proposed imposition of the civil fraud penalty is not considered here. See sec. 7430(c)(7).Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NextLast modified: November 10, 2007