- 14 - taken until the date the notice of deficiency was issued. The documentary evidence provided to the Internal Revenue before the issuance of the deficiency notice was insufficient. In Lennox v. Commissioner, 998 F.2d 244 (5th Cir. 1993), revg. in part T.C. Memo. 1992-382, the Fifth Circuit Court of Appeals held that, in determining whether respondent's position is substantially justified on the date of issuance of the notice of deficiency under section 7430(c)(7)(B)(ii), the position must be analyzed in the context of what caused respondent to take the position set out in the notice of deficiency. The Court reiterated the holdings in Pierce v. Underwood, supra, and Powers v. Commissioner, supra, that respondent's position is substantially justified if the position is "justified to a degree that could satisfy a reasonable person". However, the Court noted that respondent's position is not substantially justified if, at the time the notice of deficiency is issued, respondent had merely a "suspicion" of the taxpayer's liability, and the opportunity existed for further investigation. In this case, respondent had a great deal more than a suspicion of petitioner's liability at the time the notice of deficiency was issued. Respondent had received credible third- party information from payers that petitioner had been the recipient of income during 1992 that he had not reported. Respondent's records reflected that petitioner had not filed aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011