- 6 - to verify income. Finally, petitioner asserts that the “need to independently verify the calculation [gross receipts] arose from the IRS’ distrust of the taxpayer, not the inadequacy of the records.” Respondent contends that he was substantially justified because he relied on petitioner’s books and records in determining income pursuant to section 446(a), and, when it became apparent that petitioner’s books and records were inaccurate, respondent, in concert with petitioner’s counsel, employed the bank deposits method. Further, respondent claims that he was substantially justified as to tax year 1994 because petitioner did not file a tax return, and, therefore, respondent was required to compute income. It was by use of the bank deposits method that the parties were able to resolve the amounts in dispute. Discussion A. Section 7430 Section 7430(a) provides that the prevailing party in any administrative or court proceeding may be awarded a judgment for (1) reasonable administrative costs incurred in connection with such administrative proceedings within the Internal Revenue Service (IRS), and (2) reasonable litigation costs incurred in connection with such court proceedings. See sec. 7430(a), (c). The prevailing party must exhaust his administrative remedies,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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