- 7 - stating in pertinent part that an accounting adjustment under section 481(a) was necessary and that, because petitioner’s circumstances were not unusual or compelling, it was unnecessary to consider whether petitioner acted reasonably and in good faith under section 301.9100-3(b), Proced. & Admin. Regs. Petitioner timely petitioned this Court contending that he should be entitled to an extension of time to file his section 475(f) election pursuant to section 301.9100-3, Proced. & Admin. Regs., because he acted reasonably and in good faith and the interests of the Government would not be prejudiced. Respondent’s contentions in Vines I were consistent with respondent’s conclusions in Priv. Ltr. Rul. 129057-00. The interpretation of section 301.9100-3, Proced. & Admin. Regs., and the parties’ arguments regarding section 9100 relief presented an issue of first impression in this Court. Interpreting section 301.9100-3, Proced. & Admin. Regs., we held that petitioner was entitled to an extension of time to file his section 475(f) election because he acted reasonably and in good faith and the interests of the Government would not be prejudiced. See Vines v. Commissioner, 126 T.C. at 298-299. On June 12, 2006, petitioner filed the instant motion for reimbursement of litigation costs and attorney’s fees totaling $428,835.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011