- 16 - (Commissioner’s position regarding “tax home” issue was substantially justified, but his assertion of accuracy-related penalty was not). Suffice it to say that a close case is often indicative of reasonableness and good faith on both sides of the dispute. We conclude that respondent’s assertion that petitioners’ position on the discharge of indebtedness issue was not only incorrect, but unreasonable as well, was itself unreasonable.11 III. Amount of Recoverable Costs A. Eligible Costs Petitioners seek costs in the amount of $10,978.74. However, petitioners’ submission of costs includes 18.25 hours of services performed by C.P.A. Nancy J. Critz prior to January 19, 1999. The cost of those services is not recoverable under 11 Sec. 1.6662-3(b)(1)(i), Income Tax Regs., provides that negligence is “strongly indicated” where a taxpayer omits income reported on an information return (such as a Form 1099). While, ordinarily, that might be the case (which in turn would tend to support a finding that the Commissioner acted reasonably in asserting the negligence penalty under such circumstances), such principle presupposes that, unlike the instant case, the correctness of the information return in question is not in dispute. Cf. Portillo v. Commissioner, 988 F.2d 27 (5th Cir. 1993)(Commissioner’s reliance on uncorroborated Form 1099 not reasonable under the circumstances; no separate discussion of negligence penalty in this context), revg. T.C. Memo. 1992-99; Eifert v. Commissioner, T.C. Memo. 1997-214 (Commissioner’s reliance on FDIC’s erroneous Form 1099-G, reporting discharge of indebtedness income, not reasonable under the circumstances; no negligence penalty asserted).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011