- 18 - 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 otherPage: 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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