- 23 - took several meetings with respondent's Appeals officer before all the voluminous documentation required to substantiate the claimed deductions were supplied to respondent. This documentation was not produced during the examination. The issue is not whether petitioners and PCCL had documentation supporting their position. Rather, the issue is whether respondent had a basis in fact for the position in the notices of deficiency. As stated above, we conclude that respondent did. Petitioners and PCCL also contend that respondent's position was not substantially justified because petitioners and PCCL refused to extend the statute of limitations. They contend "respondent issued this notice * * * simply because the statute of limitations was set to expire". Even if it were shown to be true that respondent issued the notices to toll the running of the statute of limitations, that is not an unreasonable action for respondent to take. In Chaum v. Commissioner, 69 T.C. 156 (1977), the IRS issued a notice of deficiency to toll the running of the statute of limitations after the taxpayers refused to consent to an extension. We rejected the taxpayers' arguments that the IRS action was arbitrary. Id. at 160-164. In Wasie v. Commissioner, 86 T.C. 962, 969 (1986), we found that the IRS had acted reasonably in issuing a notice of deficiency where the taxpayer had refused to extend the statute of limitations. See alsoPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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