- 12 - issuance of the notices of deficiency approximately 1-1/2 years later. Petitioners state that respondent unjustly denied them the opportunity to seek an administrative appeal by not issuing a second 30-day letter after issuing the revised examination report. Petitioners charge that there existed a pattern of harassment against petitioners by respondent's agents, which unreasonably increased the asserted deficiencies and made petitioners' substantiation efforts unduly difficult. We are not persuaded by petitioners' arguments. Based on our review of the record before us, we find nothing to support petitioners' claims of overreaching and abusive tactics by respondent's agents. To the contrary, our review of the record indicates that respondent expeditiously conceded several issues when petitioners provided convincing evidence concerning the matters in dispute. Although petitioners attempt in their motion to articulate the abuse and overreaching of respondent's agents, such statements are not proof. Rule 143(b); See Niedringhaus v. Commissioner, 99 T.C. 202, 214 n.7 (1992); Viehweg v. Commissioner, 90 T.C. 1248, 1255 (1988); Evans v. Commissioner, 48 T.C. 704, 709 (1967), affd. 413 F.2d 1047 (9th Cir. 1969). We hold that respondent's positions had a reasonable basis in law and fact. Accordingly, petitioners are not entitled to administrative and litigation costs under section 7430. To reflect the foregoing,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011