- 18 - We are persuaded that respondent's positions on the above issues were reasonable. Respondent's positions were based on petitioners' failure to fully substantiate or account for the respective items. Further, the issues were settled within a reasonable time after petitioners gave sufficient information to respondent. See Harrison v. Commissioner, 854 F.2d 263, 265 (7th Cir. 1988), affg. T.C. Memo. 1987-52; Wickert v. Commissioner, 842 F.2d 1005 (8th Cir. 1988), affg. T.C. Memo. 1986-277; Ashburn v. United States, 740 F.2d 843 (11th Cir. 1984); McDaniel v. Commissioner, supra. Reasonable Basis in Law According to petitioners, respondent unreasonably determined that car and truck, insurance, office, and utilities expenses totaling $2,008.06 incurred in 1995 were not deductible expenses but instead must be capitalized into the cost of the Vallecito property sold in 1996. Petitioners appear to argue that respondent's position was legally infirm, although their argument seems to be inconsistent with the "informal agreement" they urge for the treatment of similar 1994 expenses as capital expenditures. Although petitioners did not maintain a set of books and failed to provide an accounting of the expenses associated with their home-building activity, they reported a reduction of $77,462 of Schedule C gross receipts for "cost of goods sold" in connection with their home-building activity for 1996. BecausePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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