Mary Lee Sharer - Page 19

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          information that respondent had long sought.  By letter dated                      
          March 3, 1995, respondent conceded several of the adjustments in                   
          the notice of deficiency.  In the same letter, respondent asked                    
          for additional documentation with respect to the adjustment for                    
          earned income.  After receiving the additional information from                    
          petitioner on March 19, 1995, respondent conceded, 3 days later,                   
          more of the income adjustments and the substantial understatement                  
          penalty.  As a result, a settlement was reached by the parties.                    
                The record of the case clearly shows that respondent's                       
          litigation position was reasonable.  It is apparent from the                       
          record that petitioner provided very little in the way of                          
          documentation until such time as the case progressed toward an                     
          ultimate trial date.  The correspondence in the record does not                    
          indicate or show any unreasonableness on the part of respondent's                  
          Appeals Officer, nor does the correspondence from petitioner's                     
          attorney to the Appeals Officer indicate or express any                            
          frustration or complaints about respondent's positions or                          
          requests for additional information.  Based on this record,                        
          therefore, this Court holds that petitioner is not entitled to                     
          litigation costs for the 1988 case.                                                
                With respect to petitioner's 1989 tax case, the                              
          correspondence described above with respect to the 1988 tax case                   
          also dealt with the 1989 tax year.  For the same reasons                           







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