- 15 - petitioners would suffer an unconscionable injury because of their reliance on respondent’s concession at trial. Although petitioners did not file a brief in response, the record in its entirety fails to demonstrate that petitioners suffered an unconscionable injury because of their reliance on respondent’s misrepresentation. Accordingly, we conclude that Mrs. Kandil’s transportation expenses do not constitute qualified higher education expenses for purposes of section 72(t)(2)(E). Conclusion We have considered all of the other arguments made by petitioners, and, to the extent that we have not specifically addressed those arguments, we conclude that they are without merit. Reviewed and adopted as the report of the Small Tax Case Division. To reflect our disposition of the disputed issue, as well as respondent’s concession, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011