In what circumstances will the court treat the government's failure to present its position in a full brief on the merits of a motion for attorney's fees as an error of counsel?

In addition, the government set forth its initial position in a response to a motion by petitioner for attorney's fees and not in a full brief on the merits. We therefore treat the government's failure to raise a central argument with more leniency than we ordinarily might. Finally, we are convinced that the government's failure to present the issue at the proper time was inadvertent or negligent rather than willful. Unlike the court in Partenweederei, we have no reason to believe that the litigant "deliberately chose, for reasons of strategy," not to assert the claim at the appropriate time. 313 F.2d at 425. All in all, therefore, we have before us one of those "special situations [in which] a belatedly raised issue may be considered." Moore v. United States, 598 F.2d at 441.