Patricia Williams, a.k.a. Patricia Richardson, a.k.a. Tish Martinson - Page 10

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               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 Appeals           





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