- 9 - See sec. 7430(c)(7)(A). Based on the facts available to respondent at that time, as well as long-standing legal precedent regarding the availability of tax deductions, respondent’s position had a reasonable basis in both law and fact and therefore was substantially justified. See Maggie Mgmt. Co. v. Commissioner, 108 T.C. at 443. When respondent filed his answer, he had received none of the documentation requested of petitioners to substantiate the section 151(c) deductions. Since deductions are a matter of “legislative grace”, New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934), a taxpayer claiming a deduction “must be able to point to an applicable statute and show that he comes within its terms.” Id. Furthermore, we have observed on numerous occasions in the context of section 7430 that whenever the resolution of an adjustment requires a factual determination, it is reasonable for the Commissioner to stand by his adjustment until he has received from the taxpayer, and has had a reasonable period of time to verify, documentation sufficient to substantiate the item in question. See, e.g., Huynh v. Commissioner, T.C. Memo. 2002-110 (involving section 151(c) deductions). We note further that when respondent’s Appeals officer finally received, by letter dated July 18, 2001, the documentation requested of petitioners, he agreed to a basis of settlement within a reasonable period (approximately 90 days)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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