- 10 - determine which parent was entitled to receive the earned income credit with respect to Liane and Sean. Respondent's position remained unchanged on November 16, 1998, when respondent filed an answer to petitioner's petition. In respondent's explanation of the notices of deficiency, respondent informed petitioner that in order to have the deficiencies redetermined, petitioner would have to provide documentation verifying that her ex-husband did not reside with her during the years in issue. The record does not reflect that petitioner ever brought forth any such documentation. It is not unreasonable for respondent to require a taxpayer to corroborate claims regarding a dispositive and unresolved fact. See Baker v. Commissioner, 83 T.C. 822, 830 (1984), vacated and remanded on another issue 787 F.2d 637 (D.C. Cir. 1986); Pan Pac. Trading Corp. v. Commissioner, T.C. Memo. 1994- 101, affd. 73 F.3d 370 (9th Cir. 1995). Respondent was entitled to defend against inconsistent results by holding both petitioner and Mr. Sherbo liable for the deficiency until the facts established which party was entitled to the earned income credit at issue. See Maggie Management Co. v. Commissioner, 108 T.C. 430, 446 (1997). Respondent maintained his position only so long as it was necessary to resolve the whipsaw situation. When Mr. Sherbo defaulted on the notices of deficiency, respondent regarded thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011