- 12 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011