Carolyn S. Eifert, A/K/A Sue Armstrong - Page 17

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               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 these            




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