Tae M. & Young J. Kim - Page 15




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          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,             







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