Dennis and Nancy Flynn - Page 14

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          1993.5  Petitioners did not explain to respondent during the                
          administrative proceedings or to this Court why they did not                
          provide the other information that Gurnaby had requested.                   
               In deciding whether respondent had a basis in fact, we may             
          take into account that respondent diligently sought but                     
          petitioners did not provide certain relevant information.  This             
          situation differs from that in Powers v. Commissioner, supra, in            
          which the Commissioner made no effort to contact the taxpayer               
          before issuing the notice of deficiency.  Id. at 476.  Sims and             
          Gurnaby communicated extensively with petitioners and Leiba,                
          stated their objections to petitioners’ claim, and repeatedly               
          asked them for specific information.                                        
               Respondent had a basis in fact for concluding that                     
          petitioners were liable for the late payment addition for 1993.             
          Thus, respondent reasonably concluded that petitioners were                 
          liable for the late payment addition for 1993.                              
                    c.   Petitioners’ Contentions                                     
               Petitioners contend that respondent lacked a basis in fact             
          for concluding that they were liable for the late payment                   
          addition for 1993 because (i) respondent did not adequately                 
          consider petitioners’ bankruptcy and the sale of their home due             


               5  There was considerable disagreement at trial about                  
          whether documents should be admitted in evidence.  We have                  
          considered all of the documents in the record, including                    
          documents offered by petitioners but not admitted.  The exclusion           
          of documents did not affect the result in this case.                        




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