- 13 - years 1990, 1991 and 1992. It was only after the Court’s opinion in Petito v. Commissioner, T.C. Memo. 2000-363, on petitioner’s motion for reconsideration, that petitioner and respondent’s counsel apparently became aware that in fact the IRS had treated Petito Corp. as a C corporation in its internal records. It was at this point that respondent conceded all adjustments in this case, recognizing that his determination and position were inconsistent with his own administrative records.3 Respondent failed to explain to the Court why he proceeded as he did in this case and why no one in the IRS discovered at some earlier time that respondent’s determination in the notice of deficiency and position taken in this litigation were inconsistent with respondent’s internal records. Considering the ease with which respondent could have determined Petito Corp.’s correct status, it was unreasonable for respondent to issue the disputed notice of deficiency to petitioner and to litigate this case. B. Unreasonable Protraction of the Proceedings Respondent contends that petitioner should not be awarded 3 Respondent indicated that consistent treatment of Petito Corp. with the internal documents would require respondent to proceed directly against the corporation. Respondent also acknowledged that the normal 3-year period of limitations under sec. 6501(a) for making an assessment against Petito Corp. has expired.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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