- 24 - When the case had been assigned to Ward, her manager instructed her to secure extensions of the limitations periods and, if she could not do so, then she was to “write-up and disallow issues and send to 90-Day.” In the notice of deficiency respondent disallowed about 75 percent of petitioners’ claimed 1991 deductions, and then settled by conceding about 97 percent of the disallowance. Supra table 1. In the notice of deficiency respondent disallowed about 92 percent of petitioners’ claimed 1992 deductions, and then settled by conceding about 91 percent of the disallowance. Supra table 2. In the footnotes in the quoted excerpts from respondent’s brief, supra, respondent recognizes the concerns about the statute of limitations that led to our Court-reviewed opinion in Minahan v. Commissioner, 88 T.C. at 501-508 (1987), and to the congressional determination to embody those concerns in the last sentence of section 7430(b)(1). Yet, the record makes it plain that Ward was instructed to get an extension of the limitations period or to prepare a report disallowing deductions, leading to a notice of deficiency. That is exactly what Ward did. Even though petitioners’ representative had claimed to have the substantiating documentation, Ward did not ask to see it. Ward prepared an IDR, but did not give the IDR to petitioners’ representative until the day before respondent issued the notice of deficiency, and then only when prompted by petitioners’Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011