Miriam Lawrence - Page 20

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            I. The Substantial Justification of Respondent's Position                                     
                  Until her Appeals officer conceded the cases in response to                             
            information not previously provided to the revenue agent,                                     
            respondent's position in this matter was that the unexplained                                 
            bank deposits to the accounts of Lawrence and Abraham represented                             
            taxable income to each as computed in the notices of deficiency.                              
                  Whether respondent's position is substantially justified is                             
            a question of fact.  We resolve such issues by the application of                             
            a reasonableness standard.  See Pierce v. Underwood, 487 U.S. 552                             
            (1988) (construing similar language in the Equal Access to                                    
            Justice Act, 28 U.S.C. sec. 2412 (1988)).  In considering the                                 
            reasonableness of respondent's position, we take into account                                 
            what she knew at the time that she took the position based on the                             
            information available to her at that time.  See Rutana v.                                     
            Commissioner, 88 T.C. 1329, 1334 (1987).                                                      
                  Petitioners claim that, even without their cooperation,                                 
            Agent Red had the obligation to go further in his examinations.                               
            They claim that Haddad had no more information than Agent Red did                             
            and that she was able to satisfy respondent's Appeals officer                                 
            that the deposits in question did not represent taxable income to                             
            either Abraham or Lawrence.  Respondent argues that Agent Red was                             
            entitled to ask for and receive explanations with respect to the                              









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