- 13 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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