- 13 - deficiency was issued or the answer was filed, because, at both times, petitioner had already paid her tax liability for 1988. In contrast, respondent maintains that her position was substantially justified throughout the administrative and judicial proceedings. Respondent contends that petitioner was liable for income tax for 1988 and that respondent was forced to issue a notice of deficiency in order to assess such liability because petitioner did not file a valid return. Respondent also contends that the 6-month period between the time that the answer was filed and the time that respondent agreed to settle the entire case was a reasonable period of time for respondent to locate the return filed by petitioner and Mr. Buck on June 12, 1995, and to verify the information set forth on such return. Thus, respondent maintains that her position remained substantially justified throughout the judicial proceeding. 1. The Administrative Proceeding We begin with petitioner's contention that respondent's position was not substantially justified at the time that the notice of deficiency was issued. This Court has previously set forth the essential elements of a return: First, there must be sufficient data to calculate [a] tax liability; second, the document must purport to be a return; third, there must be an honest and reasonable attempt to satisfy the requirements of the tax law; and fourth, the taxpayer must execute the return under penalties of perjury. [Beard v. Commissioner, 82 T.C. 766, 777 (1984), affd. 793 F.2d 139 (6th Cir. 1986).]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011