Linda Marie Sherbo - Page 10




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          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 the             





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