- 11 - taxpayer’s records are destroyed by fire, and the taxpayer’s reconstructions are inadequate. See, e.g., Jernigan v. Commissioner, T.C. Memo. 1978-13. The record in this case indicates that respondent adopted a reasonable, and therefore substantially justified, position in light of the inadequacy of petitioners’ books and records and the information accessible to respondent throughout the administrative proceedings and in respondent’s filing of the answer in this case on July 9, 1998.5 Petitioners argue that respondent was not substantially justified in his position because respondent’s counsel ultimately offered to concede the entire tax liability for all years in issue based upon essentially the same information that was available to respondent prior to the issuance of the notice of deficiency. We find, however, that respondent’s position was substantially justified in this case because of the lack of adequate books and records available to respondent. The fact that respondent’s counsel ultimately decided to concede the case may reflect a consideration of a variety of factors–-including litigation risks–-which earlier were not considered or which were 5 Petitioners contend that respondent’s position is that taken in a notice of decision which was sent to petitioners on Jan. 15, 1998, several months before the notice of deficiency. It is unclear from the record whether this notice was in fact a final decision by the Appeals Office. This is not determinative in this case, however, because we find that respondent was substantially justified at all times during the administrative proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011