Gerard and Audrey Kathleen Hennessey - Page 51




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               Because respondent’s positions in the administrative and               
          court proceedings were substantially justified, we need not                 
          decide whether petitioners unreasonably protracted the                      
          proceedings, or whether the administrative and litigation costs             
          claimed by petitioners are reasonable.                                      
               We find that respondent’s positions on the disputed issues             
          were substantially justified.  Therefore, we hold that                      
          petitioners are not prevailing parties within the meaning of                
          section 7430 and are not entitled to an award of administrative             
          and litigation costs.                                                       
               To reflect the foregoing,                                              
                                                  An appropriate order                
                                             and decision will be entered.            

























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