Carolyn S. Eifert, A/K/A Sue Armstrong - Page 20

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          such a liability without first attempting to contact                        
          petitioner.12                                                               
               In view of the foregoing, we conclude that it was                      
          unreasonable for respondent, in the context of this case and                
          without further investigation, to determine a million dollar                
          adjustment to petitioner's income.  We therefore hold that                  
          respondent's position was not substantially justified at the time           
          that the notice of deficiency was issued.                                   
               (2) The Court Proceeding                                               
               We also hold that respondent's position was not                        
          substantially justified at the time that the answer was filed.              
          Again, our holding is based on the totality of the facts and                
          circumstances present in this case.  In addition to the factors             
          that we have already discussed, the facts and circumstances that            
          support our holding are as follows:                                         
               Shortly after receiving the notice of deficiency, petitioner           
          contacted an IRS representative at the "800" number set forth on            
          the notice of deficiency and explained that the amounts reported            
          on the Forms 1099-G referred to a single debt and that such debt            
          was discharged in a bankruptcy proceeding in September 1986.                


               12 In any event, we suspect that if respondent had processed           
          petitioner's 1994 income tax return more promptly, petitioner               
          would have received and responded to the 30-day letter.  Here it            
          should be recalled that petitioner listed the Hobbs address on              
          her 1994 income tax return, and that respondent did not post the            
          Hobbs address to respondent's computer records until after the              
          1994 return had been processed.                                             




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