Tam N. Huynh - Page 18




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          in an effort to settle the dispute, offered to concede the earned           
          income credit issue in exchange for petitioner’s concessions of             
          the dependency exemptions and head of household filing status               
          issues.  Petitioner refused the offer.  After 4 months of                   
          correspondence and a transfer of the case to respondent’s                   
          District Counsel office for litigation preparation, the parties             
          settled the dispute on the same terms that respondent had                   
          originally offered and had continued to offer throughout the                
          proceedings.                                                                
               Petitioner argues that the Appeals officer’s decision to               
          concede the earned income credit issue at an early stage in the             
          litigation shows that petitioner had furnished sufficient                   
          documentation to establish that he was entitled to the earned               
          income credit.                                                              
               On the contrary, the documents that petitioner submitted did           
          not establish that his children lived with him for more than one-           
          half of 1998.  The Appeals officer’s offer to concede the earned            
          income credit issue reflects respondent’s attempt to settle the             
          matter expeditiously–-not a conclusion by respondent that                   
          petitioner had established his entitlement to the earned income             
          credit.  Respondent’s proposed concession was conditioned on                
          petitioner’s conceding the remaining issues.  We note that even             
          if respondent had not conditioned his concession of the earned              
          income credit issue on petitioner’s concession of the other                 






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