- 8 - filed a similar petition for Rothhammer and Martin for other years and that Berg had been their attorney in that case, and that Berg and his law firm had filed similar petitions for many other taxpayers. It was reasonable for respondent to believe that Martin had authorized Berg to file the petition for Martin. Martin’s counsel told respondent’s counsel in April 1999 that Martin had not authorized or ratified the filing of the petition in this case. Respondent’s counsel spoke to Berg in April 1999 and received subpoenaed documents from Berg’s law firm in May 2000. The documents appeared to be contrary to Martin’s position because they included the docket number for this case. We conclude that respondent had a reasonable basis in fact for the position that the petition was valid as to Martin on grounds that Berg was authorized to sign the petition for Martin. 3. Martin’s Contentions Martin contends that respondent’s position was not substantially justified because Berg did not attach to the petition a copy of the notice of deficiency sent to Martin. Martin contends that this violates Rule 34(b)(8) and, as a result, that we lack jurisdiction over him. We disagree. Rule 34(b)(8) states that a copy of the notice of deficiency shall be attached to the petition. However, failure to attach to the petition a copy of a notice of deficiency does not deprive thisPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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