Donald S. Hazelton - Page 13

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               Petitioner argues that respondent's position was not                   
          reasonable as a matter of law or fact.  In support of his                   
          argument, petitioner claims he was never allowed any                        
          administrative consideration of his case prior to issuance of the           
          notice of deficiency, and, therefore, when the notice of                    
          deficiency was issued, he was compelled to petition this Court              
          for relief.  Petitioner contends that, "if respondent had not               
          disregarded [his] request for an appeal's office conference, [he]           
          would not have incurred the added costs of preparing the Tax                
          Court petition and subsequent stipulation documents."  He                   
          supports this contention by alleging that, after he received the            
          notice of deficiency and filed his petition, he "resubmitted his            
          written protest" at the conference with Ms. Gerdine, and that she           
          thereby "determined that such expenses were adequately                      
          documented" and allowed his claimed deductions.7  The Court                 
          dismisses this argument.  Under section 7430(c)(7), respondent's            
          "position" for purposes of this motion, is not considered first             

          7     Petitioner seems to be suggesting that the documentation he           
          presented to Ms. Gerdine at the appeals conference was identical            
          to that which he had filed with his written protest, and that, if           
          it was sufficient substantiation at the time of the appeals                 
          conference, it should have been sufficient as a written protest             
          to prevent the issuance of a notice of deficiency.  The Court               
          does not agree.  It is clear from the record that petitioner's              
          written protest, prior to issuance of the notice of deficiency,             
          consisted of a letter that contained certain statements of fact             
          and arguments of law, and a few documents purporting to support             
          the allegations contained in the letter.  The limited documentary           
          evidence provided was clearly insufficient to substantiate any of           
          the facts claimed in the letter.                                            




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