Nellwyn A. Buck - Page 18

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               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.                




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