- 15 - within the meaning of section 7430(c)(4) with respect to any of those issues. Respondent does not maintain that respondent’s position with respect to the $8 interest determination was substantially justified. Respondent concedes in respondent’s response to petitioners’ motion that petitioners have exhausted the available administra- tive remedies, see sec. 7430(b)(1), and does not dispute that petitioners meet the net worth requirements, see sec. 7430(c)(4)(A)(ii). However, respondent argues that petitioners unreasonably protracted the proceeding, see sec. 7430(b)(3), and that petitioners have not provided any information that estab- lishes that they incurred the claimed litigation costs, the issue or issues to which such claimed costs relate, the amount of such claimed costs incurred with respect to each such issue, and that such claimed costs are reasonable, see sec. 7430(a)(2). Because respondent has taken an issue-by-issue approach in advancing respondent’s arguments in support of respondent’s position that the Court should deny petitioners’ motion, we shall do the same. See Swanson v. Commissioner, supra at 102. As pertinent here, the position of respondent for purposes of section 7430(c)(7)(A) with respect to an issue in this case is the position first taken by respondent with respect to that issue. See Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 442 (1997). With respect to the determinations in the 2002 notice,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007