- 18 - Although one might wish that settlement had come even quicker, the present case is not one in which respondent adopted an inflexible attitude concerning settlement or attempted in an unfair manner to cause petitioner to compromise her case. Similarly, petitioner has not shown that respondent advanced a position that respondent knew to be factually or legally incorrect. Further, petitioner has not shown that respondent pursued her position for purposes of harassment or embarrassment, or out of political motivation, or for any other improper purpose. In addition, and as we have already noted, 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. Petitioner ultimately abandoned this position, as demonstrated by the fact that the form of decision reflects a deficiency in the amount of $24,939.21.10 Under these circumstances, we are unable to conclude that respondent acted unreasonably in not settling the entire case before March 1, 1996. In summary, petitioner has not established that respondent's position, either in the administrative proceeding or in the 10 See sec. 7459(e), which provides that if the assessment of any tax is barred by any statute of limitations, then this Court's decision to that effect shall be considered as its decision that there is no deficiency in respect of such tax.Page: 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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