- 17 - In this case, respondent's position on each of these dates was the same. More specifically, until Mr. Romero conceded the case in response to the FDIC communication dated August 9, 1996, the position of respondent was that the discharge of indebtedness reported on the information returns filed with respondent represented taxable income to petitioner. (1) The Administrative Proceeding We begin with petitioner's contention that respondent's position was not substantially justified at the time that the notice of deficiency was issued. Respondent contends to the contrary. We agree with petitioner. Our conclusion that respondent's position was not substantially justified at the time that the notice of deficiency was issued is not based on any one particular factor; rather, our conclusion is based on the totality of the facts and circumstances present in this case. The following facts and circumstances are those that we think are particularly significant in cumulatively tipping the scales in petitioner's favor. The deficiency determined by respondent in the notice of deficiency is predicated on an adjustment to income in the amount of $1,009,815. Virtually all of this amount, i.e., $1,004,812, represents discharge-of-indebtedness income. Such discharge-of- indebtedness income originates from four Forms 1099-G, each of which is for the exact same amount, i.e., $251,203. Under thesePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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