- 16 - filed the answer on August 30, 1995, approximately 2-1/2 months after petitioner and Mr. Buck submitted the filed return. Respondent contends that she was not able to obtain the filed return and verify the information on such return before she filed the answer. Specifically, respondent asserts that the filed return was not readily available to her Houston District Counsel office because: (1) The filed return had only recently been filed; and (2) the filed return was difficult to locate because it was located under Mr. Buck's account, rather than petitioner's, apparently because Mr. Buck's TIN was the "primary TIN" and petitioner's TIN was the "spousal TIN." We have no reason to question respondent's explanation. We also note that the petition contained an allegation that the purported return was "accepted" by respondent "for all purposes" and that assessment of any deficiency against petitioner for the taxable year 1988 was barred by the 3-year statute of limitations. Rule 39 obligated respondent to address this matter in the answer by way of affirmative allegations if respondent wished to preserve the issue. Accordingly, we conclude that respondent's position on August 30, 1995; i.e., that petitioner was liable for income tax for 1988, was substantially justified. Finally, petitioner contends that respondent took an unreasonable amount of time to verify the information on the filed return and settle the case. Here we recall thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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