- 4 - In their motion for reconsideration, petitioners assert that, (1) contrary to our conclusion in McKee I, they had provided to respondent all relevant information under their control, and (2) our determination that respondent’s position had a reasonable basis in both fact and law failed to consider respondent’s position with respect to a proposed increase in tax under section 453(l)(3).2 In response, respondent contends that petitioners’ allegations of error are not based on new evidence and merely restate and elaborate upon arguments petitioners made in McKee I. A. Presentation of Relevant Information In McKee I, we stated: The only information petitioners had provided before respondent filed the answer was the information contained in Mr. Potter’s letter. In the letter, Mr. Potter set forth petitioners’ disagreements with respondent’s proposed adjustment but included no supporting documents or other proof of his assertions. Respondent was not required to concede the case on the basis of Mr. Potter’s letter alone. * * * Petitioners allege that “the Court was in error in requiring documents in Petitioners’ possession when Respondent possessed 2Sec. 453(l) defines dealer dispositions of property for purposes of reporting income from installment sales. Sec. 453(l)(3) provides that, for installment obligations regarding timeshares and residential lots as described in sec. 453(l)(2)(B), the tax on payments received pursuant to the obligations is increased by the amount of interest determined under sec. 453(l)(3)(B). Carlson v. Commissioner, 112 T.C. 240, 242-243 (1999).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011