- 16 - so. Such failure led respondent to take a position in the notice of deficiency that was not supported by information already in respondent’s possession. In other words, respondent’s position in the notice of deficiency was contrary to fact and law and therefore not substantially justified within the meaning of section 7430(c)(4)(B). See Pierce v. Underwood, 287 U.S. 552 (1988). Respondent relies on Harrison v. Commissioner, 854 F.2d 263 (7th Cir. 1988), affg. T.C. Memo. 1987-52, for the proposition that the Commissioner should not be liable for a taxpayer’s costs for the period of time that it may reasonably take to review documentation submitted by the taxpayer. However, that case is clearly distinguishable. There, the Commissioner issued a notice of deficiency before the examination was completed in order to toll the running of the period of limitations. Because the Commissioner had not received the taxpayers’ consent to extend the period of limitations, the Court of Appeals concluded that the issuance of the notice was reasonable, notwithstanding the fact that the Commissioner ultimately conceded the case. In the present case, the statute of limitations was of no legitimate concern to respondent at the time that the notice of 5(...continued) of limitations were imminent. However, in the present case, the year under examination was 1998; accordingly, the statute of limitations on assessment was of no legitimate concern to respondent in July 1999. See sec. 6501(a).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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