- 14 - Swanson v. Commissioner, 106 T.C. 76, 86 (1996). “A position has a reasonable basis in fact if there is relevant evidence that a reasonable mind might accept as adequate to support a conclusion. See Pierce v. Underwood, supra at 564-565.” Corkrey v. Commis- sioner, 115 T.C. 366, 373 (2000). In determining whether the position of the Commissioner was substantially justified, we must “consider the basis for respondent’s legal position and the manner in which the position was maintained.” Wasie v. Commis- sioner, 86 T.C. 962, 969 (1986). The fact that the Commissioner concedes an issue is not conclusive as to whether the Commis- sioner’s position with respect to that issue was substantially justified. See Corkrey v. Commissioner, supra; Sokol v. Commis- sioner, 92 T.C. 760, 767 (1989); Wasie v. Commissioner, supra at 968-969. In respondent’s response to petitioners’ motion, respondent indicates that petitioners have substantially prevailed with respect to the amount in controversy within the meaning of section 7430(c)(4)(A)(i)(I). However, respondent argues that respondent’s position was substantially justified with respect to the $21,267 gross proceeds determination, the $622 interest determination, the $16 Travelers Prop. determination, the section 6662(a) determination, petitioners’ alleged capital gain issue, and petitioners’ alleged capital loss issue. Therefore, accord- ing to respondent, petitioners are not the prevailing partyPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007