- 19 - 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 reasonsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011