- 7 - herein as to the tax deficiencies and the fraud additions to tax was substantially justified. We are aware of the recent District Court opinions involving petitioner and respondent. See Payne v. United States, 91 F. Supp. 2d 1014 (S.D. Tex. 1999), on appeal (5th Cir., argued Apr. 3, 2001), and Payne v. United States, 85 AFTR 2d 564, 2000-1 USTC par. 50,218 (S.D. Tex. 1999), on appeal (5th Cir., argued Apr. 3, 2001), in which damages and litigation costs were awarded to petitioner as a result of what was regarded by the District Court as improper disclosure by respondent of tax return information relating to petitioner’s 1987 and 1988 tax liabilities, the same years involved herein. Secs. 6103, 7431(a)(1). At the District Court level, petitioner was awarded $1,536,680 in actual damages, $1,000 in punitive damages, and $105,361 in litigation costs. Payne v. United States, 91 F. Supp. 2d at 1029; Payne v. United States, 85 AFTR 2d at 567, 2000-1 USTC par. 50,218 at 83,590. We emphasize, however, that the above District Court opinions, now on appeal, involved the manner by which respondent conducted the audit of petitioner’s 1987 and 1988 Federal income tax returns. In contrast, the instant litigation pertains to respondent’s substantive tax deficiencies and additions to tax arising out of that audit.Page: Previous 1 2 3 4 5 6 7 8 Next
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