34 required by section 7522. However, respondent's counsel did not concede this point until late during the second of two hearings we held relating to the document. Thus, it was fully appropriate for petitioner's counsel to pursue this matter. It was unfair to add that burden to petitioner's normal presentation in this case. However, we do not believe that petitioner was prejudiced in presenting the merits of this case by the addition of the 1992 column to the 30-day letter, its submission to petitioner to include in the stipulation, or the revenue agent's incorrect testimony. Striking respondent's answer would be excessive under these circumstances. Betz v. Commissioner, supra at 822-823. Instead, we impose a sanction on respondent in favor of petitioner, in the amount of $5,000. Decision will be entered under Rule 155.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
Last modified: May 25, 2011