- 10 - Petitioner contends that respondent's position in both the administrative and litigation proceedings was not substantially justified. Specifically, petitioner claims that prior to the issuance of the notice of deficiency, respondent knew or had reason to know that a substantial portion of the bank deposits came from nontaxable sources, most notably nontaxable child care payments or property settlement proceeds. Petitioner further claims that the IRS lost or destroyed much of the evidence supporting these facts, thus forcing petitioner to prove her case again. Disagreeing with petitioner, respondent asserts that from the district counsel's first involvement in this matter, diligent and reasonable efforts were made to verify petitioner's claims. Respondent further claims that the IRS's activity prior to district counsel's involvement is irrelevant in determining whether petitioner is entitled to reasonable litigation and administrative costs. For the reasons set forth below, we shall deny petitioner's motion for award of litigation and administrative costs. Respondent generally takes a position in a judicial proceeding upon the filing of the answer to the petition. Huffman v. Commissioner, 978 F.2d 1139, 1148 (9th Cir. 1992), affg. in part and revg. in part on other grounds, and remanding T.C. Memo. 1991- 144. Respondent takes a position in an administrative proceeding as of the earlier of the date the taxpayer receives an IRS AppealsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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