- 12 - petitioner’s nonsensical arguments. Even assuming the agent misconstrued petitioner’s books and records, it is apparent that the records did not accurately reflect income. Further, each time petitioner provided additional information to respondent, recomputations were made to the proposed adjustment to income.7 D. Conclusion We hold that petitioner is not entitled to an award of administrative and litigation costs because respondent’s position was substantially justified. In so holding, we have carefully considered the remaining arguments made by the parties, and to the extent not discussed above, we consider those arguments to be without merit. In order to reflect the foregoing, An appropriate order and decision will be entered. 7 As indicated, petitioner did not file a return for tax year 1994. In 1999, a year after respondent filed his answer to the petition, the parties began a yearlong process of calculating petitioner’s gross receipts. Respondent was not unreasonable in his initial determination or the consideration of documentation to verify gross receipts for 1994.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011