Reliable Credit Association, Inc. - Page 12

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          procedures in particular situations.5  In sum, "when the taxpayer           
          has defaulted in * * * [its] task of supplying adequate records,            
          * * * [the taxpayer] is not in a position to be hypercritical of            
          the Commissioner's labor."  Webb v. Commissioner, 394 F.2d 366,             
          372 (5th Cir. 1968), affg. T.C. Memo. 1966-81.                              
               Since we have found that respondent's position was                     
          substantially justified, and, therefore, petitioner is not                  
          entitled to recover litigation costs, there is no reason to                 
          determine whether the costs claimed are reasonable.  To reflect             
          the above and the stipulation of the parties,                               
                                             An appropriate order and                 
                                        decision will be entered.                     
















          5   Petitioner has cited provisions of the Internal Revenue                 
          Manual; however, such provisions are not mandatory and do not               
          confer any rights upon taxpayers.  United States v. Will, 671               
          F.2d 963, 967 (6th Cir. 1982).                                              





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