Robert M. and Paulette G. Maddox - Page 24

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                  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’                                  




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