- 18 - to respondent. Accordingly, respondent was substantially justified, in fact and in law, in taking and maintaining the positions determined in the notices of deficiency. Petitioner's motions with respect to administrative costs are, therefore, denied for both years at issue. With respect to litigation costs, the Court must look to the information available to respondent at the time the answers were filed and from that point forward. Respondent's answer in the 1988 case was filed on December 10, 1992. On September 27, 1993, respondent mailed a letter to petitioner requesting that she submit evidence in support of her position. Petitioner did not respond to this letter. After the decision was rendered in Sharer v. Commissioner, T.C. Memo. 1994-453, on September 8, 1994, respondent contacted petitioner again to see if the 1988 case could be settled and, as to those issues common to the 1986, 1987, and 1988 tax years, respondent agreed to abide by the Court's opinion that dealt with petitioner's 1986 and 1987 years. Petitioner sent respondent some documentation with a letter dated November 2, 1994, and further documentation with a letter dated January 10, 1995. Although the information provided in these letters is not shown in the record, it is evident from the language in the several letters between the parties that petitioner was moving in the direction toward providingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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