- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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