- 15 - return for 1992 and had not made estimated tax payments that year. Petitioner's written protest admitted that he had failed to file a return and make estimated tax payments but did not adequately substantiate with documentary evidence that these failures to file the return were due to reasonable cause. Petitioner admitted further in his written protest that he had received income during 1992 in amounts different from that which respondent calculated in the 30-day letter, but he failed to substantiate with documentary evidence the amounts of income he admitted receiving and failed to provide additional documentary evidence to support the deductions and exemptions to which he claimed he was entitled. Respondent's position on the date of the notice of deficiency was that petitioner had unreasonably failed to file a Federal income tax return for 1992, had failed to pay estimated taxes, had failed to report income received by him during 1992, and had failed to substantiate deductions and exemptions to which he claimed he was entitled. Respondent's position on that date was clearly justified to a degree that could satisfy a reasonable person, and, thus, respondent was substantially justified in the context of Lennox v. Commissioner, supra, Pierce v. Underwood, supra, and Powers v. Commissioner, 100 T.C. 457 (1993). Consequently, respondent's position on the date the notice of deficiency was issued was substantially justified.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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