- 10 - proceeding. See sec. 7430(c)(7)(A). A judicial proceeding in this Court is commenced with the filing of a petition. See Rule 20(a). Generally, respondent initially takes a position in the litigation on the date he files the answer in response to the petition. See, e.g., Han v. Commissioner, T.C. Memo. 1993-386. The Commissioner’s position is substantially justified if that position could satisfy a reasonable person and if it has a reasonable basis in both fact and law. See Pierce v. Underwood, 487 U.S. 552, 565 (1988). Determining the reasonableness of the Commissioner’s position and conduct requires considering what the Commissioner knew at the time. See DeVenney v. Commissioner, 85 T.C. 927, 930 (1985). The Commissioner’s position can be justified even if the Commissioner eventually concedes the case. See Sokol v. Commissioner, 92 T.C. 760, 767 (1989). Petitioners’ records were at best in a disordered state when respondent sought to review them. Only incomplete information was available to respondent, and respondent was forced to rely upon reconstructed records to determine petitioners’ tax liability. It is well established that taxpayers are required to keep adequate books and records, and in the absence of such, respondent may determine a taxpayer’s tax liability by any method which respondent finds to clearly reflect income. See sec. 6001; sec. 446(b); sec. 1.6001-1(a), Income Tax Regs.; sec. 1.446- 1(a)(4), (b)(1), Income Tax Regs. This is true even where thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011