- 12 - From the record before us we conclude that the case remained unsettled due to petitioners' request for additional time to substantiate unreported expenses to offset what they conceded was income not reported by Mr. Prouty. It is reasonable for respondent to make adjustments for items and to refuse to concede the adjustments until he has received and verified substantiation for the amounts adjusted. See Beecroft v. Commissioner, T.C. Memo. 1997-23; Simpson Fin. Servs., Inc. v. Commissioner, T.C. Memo. 1996-317; McDaniel v. Commissioner, T.C. Memo. 1993-148. We are persuaded that respondent's position on the above issue was reasonable. Respondent's position was based on petitioners' failure to substantiate fully or account for the item. Further, the issue was settled within a reasonable period of time after petitioners gave sufficient information to respondent. See Harrison v. Commissioner, 854 F.2d 263, 265 (7th Cir. 1988), affg. T.C. Memo. 1987-52; Wickert v. Commissioner, 842 F.2d 1005 (8th Cir. 1988), affg. T.C. Memo. 1986-277; Ashburn v. United States, 740 F.2d 843 (11th Cir. 1984); McDaniel v. Commissioner, supra. Because respondent's position in the administrative proceedings was substantially justified, we need not decide whether petitioners meet the net worth requirements, unreasonablyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011