- 20 - 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.Page: 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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