Robert C. McKee and Valery W. McKee - Page 4

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               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).                                                             





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