- 7 - appropriate in this case because the facts and law did not make it clear that the payments were alimony. We also agree with respondent that it is irrelevant whether petitioner took alimony deductions on his 1990 and 1994 returns. It is well settled that respondent may assert a position as in the instant case even though he raised no objection to similar claims by the taxpayer in prior years. See Yeaman v. United States, 584 F.2d 322, 326 (9th Cir. 1978); Rose v. Commissioner, 55 T.C. 28, 32 (1970); Meneguzzo v. Commissioner, 43 T.C. 824, 836 (1965). Even if the Commissioner erroneously accepted the tax treatment of certain items in previous years, he is not precluded from correcting that error in a subsequent year. See Hawkins v. Commissioner, 713 F.2d 347, 351-352 (8th Cir. 1983), affg. T.C. Memo. 1982-451. We focus, therefore, on whether respondent's position for the years in suit was supported by fact and law. See Pierce v. Underwood, 487 U.S. 552, 565 (1988). For purposes of litigation costs in a judicial proceeding, the Government initially takes a position on the date the answer is filed. See Lockett v. Commissioner, T.C. Memo. 1994-144; Han v. Commissioner, T.C. Memo. 1993-386. Respondent filed an answer on August 6, 1996. Thus, we shall consider respondent's position as of this date in determining whether to award petitioner litigation costs. Respondent's position in the answer was the same as in the notice of deficiency; i.e., that petitioner'sPage: Previous 1 2 3 4 5 6 7 8 9 Next
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