16 Powers v. Commissioner, supra at 473. Respondent lacked a basis in fact for determining that petitioner was liable for the accumulated earnings tax because respondent apparently had no facts about petitioner's business plans and did not show whether the case was diligently investigated. b. Petitioner's Error in Reporting Accounts Receivable Petitioner erroneously included accounts receivable of $662,000 in accumulated earnings on its tax return for 1991. Respondent contends that petitioner's error led respondent to determine that petitioner was liable for the accumulated earnings tax. Respondent contends that, if petitioner had reviewed its books and records earlier, it might have been possible to avoid the determination or resolve the issue earlier. We disagree. Respondent did not explain why the determination that petitioner was liable for accumulated earnings tax was substantially justified (e.g., that petitioner accumulated income with the purpose of avoiding shareholder taxes) even if petitioner had retained earnings of $1,149,031 in FY 1992, $1,230,404 in FY 1993, and $1,197,598 in FY 1994. c. Whether Events Occurring After Respondent Took the Position Provide a Basis in Fact for Respondent's Position Respondent argues that respondent's position is substantially justified because of events occurring after thatPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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