- 8 - 5(c)(1), Proced. & Admin. Regs. Petitioners contend that respondent’s position in the answer was not substantially justified because it was “patently incorrect or not adequately stated to be justified”. In so arguing, petitioners rely on the following statements respondent made in the answer: (1) Respondent denied that the three errors in the notice existed, and (2) respondent denied that certain adjustments to petitioners’ income tax, which respondent eventually conceded, were incorrect. In addition, petitioners assert that Mr. Potter’s letter of August 9, 2002, had addressed some of the adjustments that respondent later conceded. According to petitioners, respondent’s position in the answer was not substantially justified because respondent had been “presented with undisputed contrary facts” beforehand. Although respondent ultimately conceded certain adjustments to petitioners’ income taxes for 1999, 2000, and 2001, our focus is on the information that respondent possessed at the time of filing the answer. Rosario v. Commissioner, supra. 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 letterPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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